NOTICE IS HEREBY GIVEN that at its regular meeting on December 18, 2018, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Introduction and First Reading of an amendment to the Township’s Code of Ordinances, Chapter 30, “Offenses” and referred the draft Ordinance to amend Chapter 50, Zoning Ordinance to the Planning Commission to add a new definition to Section 2.02 and add Section 5.13 to prohibit marihuana establishments. At its regular meeting on February 5, 2019, The Charter Township Board of Trustees approved the Introduction and First reading of an amendment to Chapter 50, Zoning Ordinances. The Second Reading of the amendment to the Code of Ordinances, Chapter 30, “Offences” has been scheduled at a regular meeting to be held on February 19, 2019 to consider adoption of the ordinance as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-30-TBD

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE OF ORDINANCES, CHAPTER 30, “OFFENSES,” ARTICLE I, “IN GENERAL,” TO ADD A NEW SECTION 30-6, “MARIHUANA ESTABLISHMENTS PROHIBITED,” TO PROHIBIT MARIHUANA ESTABLISHMENTS WITHIN THE BOUNDARIES OF THE CHARTER TOWNSHIP OF INDEPENDENCE PURSUANT TO THE MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT, INITIATED LAW 1 OF 2018, MCL 333.27951, ET SEQ.; AND TO PROVIDE PENALTIES FOR VIOLATION OF THIS ORDINANCE.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1. ORDINANCE AMENDMENT.

Chapter 30, “Offenses,” Article I, “In General,” of the Charter Township of Independence Code of Ordinances is hereby amended to add a new Sec. 30-6, “Marihuana Establishments Prohibited,” to read as follows:

Sec. 30-6. – Marihuana Establishments Prohibited.

333. Definitions. Words used in this section shall have the definitions as provided for in the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951, et seq., as may be amended.
334. Prohibition. Pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951, et seq., all marihuana establishments are prohibited within the boundaries of the Township.
335. Penalty. A person who violates this section shall be responsible for a municipal civil infraction punishable as set forth in Chapter 1, Section 1-9 of this code.

Section 2. REPEALER.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. SEVERABILITY.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 4. SAVINGS.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 5. EFFECTIVE DATE.

This ordinance shall be effective upon publication in the manner prescribed by law.

Section 6. ENACTMENT.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the _____ day of ___________ 2019, and ordered to be given publication in the manner prescribed by law.

Ayes:

Nays:

Abstentions:

Absent:

STATE OF MICHIGAN                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the _____ day of ___________, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Clerk

Introduced: December 18, 2018

Published:  December 26, 2018February 13, 2019

Adopted:

Published:

Effective: