CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 156
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, June 3, 2019, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance Prohibition of Recreational Marihuana Establishments Ordinance, for the Charter Township of Orion, Michigan, to create an Ordinance to prohibit marihuana establishments within the boundaries of the Charter Township of Orion pursuant to initiated Law 1 of 2018, MCL333.27965 et seq., as may be amended.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
AN ORDINANCE TO PROVIDE A TITLE FOR THE ORDINANCE; TO DEFINE WORDS; TO PROHIBIT MARIHUANA ESTABLISHMENTS WITHIN THE BOUNDARIES OF THE CHARTER TOWNSHIP OF ORION PURSUANT TO INITIATED LAW 1 OF 2018, MCL333.27965 ET SEQ., AS MAY BE AMENDED; TO PROVIDE PENALTIES FOR VIOLATION OF THIS ORDINANCE; TO PROVIDE FOR SEVERABILITY; TO REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND TO PROVIDE AN EFFECTIVE DATE.
ARTICLE I – TITLE
This Ordinance shall be known as and may be cited as the Charter Township of Orion Prohibition of Marihuana Establishments Ordinance.
ARTICLE II – DEFINITIONS
Words used herein shall have the definitions as provided for in Initiated Law 1 of 2018, Proposal 1 of 2018, as may be amended.
ARTICLE III – NO MARIHUANA ESTABLISHMENTS
The Charter Township of Orion hereby prohibits all marihuana establishments within the boundaries of the Township pursuant to Initiated Law 1 of 2018, Proposal 1 of 2018, as may be amended.
ARTICLE IV – VIOLATIONS AND PENALTIES
1. Any person who disobeys neglects or refuses to comply with any provision of this Ordinance or who causes, allows, or consents to any of the same shall be deemed to be responsible for the violation of this Ordinance. A violation of this Ordinance is deemed to be a nuisance per se.
2. A violation of this Ordinance is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500, in the discretion of the Court. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.
3. Each day during which any violation continues shall be deemed a separate offense.
4. In addition, the Township may seek injunctive relief against persons alleged to be in violation of this Ordinance, and such other relief as may be provided by law.
5. This Ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person(s) as designated by the Township Board from time to time.
ARTICLE V – SEVERABILITY
The provisions of this Ordinance are hereby declared to be severable. If any clause, sentence, word, article, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect.
ARTICLE VI – REPEAL
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
ARTICLE VII – EFFECTIVE DATE
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion qualified under State law to publish legal notices and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Penny S. Shults, Clerk
Charter Township of Orion