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Orion Township Ordinance Meeting Dec 1St


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are there still people calling and writing these cities?

informing them that their poorly written "michigan municipal league ordinances" wont stand up in court?

 

 

 

http://www.clarkstonnews.com/Articles-Public-Notices-c-2014-11-26-256863.113121-sub14474.113121-Orion-Township.html

 

 

Orion Township

PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 121 POSSESSION OF MARIJUANA


November 26, 2014 - NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION AMENDMENT TO ORDINANCE NO. 121 POSSESSION OF MARIJUANA

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, December 1, 2014, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an ordinance to amend Ordinance No. 121, entitled Possession of Marijuana for The Township of Orion to establish the authorized zoning districts where a qualifying patient or primary caregiver may cultivate marihuana related to medical marihuana activities within the township and for transportation of marihuana in a motor vehicle.

The CHARTER Township of ORION OrdainS:

SECTION 1 of Ordinance

The Title, Preamble, and Articles I, II, III, IV and V of Ordinance No. 121 shall be amended by placing the hereinafter described language in the Articles as follows:

* * *

Ordinance No. 121

Possession or Use of Marijuana Marihuana

AN ORDINANCE REGULATING THE POSSESSION AND USE OF MARIJUANA AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF TO ESTABLISH THE AUTHORIZED ZONING DISTRICTS WHERE A QUALIFYING PATIENT OR PRIMARY CAREGIVER MAY CULTIVATE MARIHUANA RELATED TO MEDICAL MARIHUANA ACTIVITIES WITHIN THE TOWNSHIP AND FOR TRANSPORTATION OF MARIHUANA IN A MOTOR VEHICLE.

ARTICLE I – TITLEPOSSESSION OR USE OF MARIHUANA

This Ordinance shall be known and cited as the Orion Township "Possession of Marijuana Ordinance" and it shall be deemed sufficient, in any actions for the enforcement hereof, to define the same by such short title, or by reference to the number hereof.

A. It shall be unlawful for any person to knowingly or intentionally possess Marihuana except as permitted by the provisions of Michigan Medical Marihuana Act (MCL 333.26421 et seq.) as may be amended and as further limited in the ordinance.

B. Cultivation of Marihuana by a Qualifying Patient as defined in MCL 333.26423 shall be permitted only in R-1, R-2, R-3, RM-1 or RM-2 Zoning Districts in single family detached dwellings which are owned or rented and occupied by the Qualifying Patient for their residential use.

C. Cultivation of Marihuana by a Primary Caregiver as defined in MCL 333.26423 shall be permitted only in R-1, R-2, R-3, RM-1 or RM-2 Zoning Districts in single family detached dwellings which are owned or rented and occupied by the Primary Caregiver for their residential use or his/her Qualifying Patients, for their residential use, to whom they are connected through registration with the Michigan Department of Licensing and Regulatory Affairs.

D. All of the above permitted cultivation of Marihuana plants shall be in compliance with the applicable Building and Fire Codes, and shall not occupy more than 25% of the dwelling excluding the basement square footage.

E. It shall be unlawful for any person, facility, or business located in the Charter Township of Orion to operate a provisionary center to sell Marihuana to (1) Qualified Patients, (2) Caregivers, or to sell any Marihuana to any Person, facility, or business that operates a provisionary center that sells Marihuana to Qualified Patients or Caregivers regardless of any State law that may permit such sales.

F. It shall be unlawful for any person to use Marihuana except as authorized by the provisions of the Michigan Medical Marihuana Act (MCL 333.26421 as may be amended et seq.)

G. A person shall not transport or possess usable Marihuana as defined in MCL 333.26423 in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable Marihuana is one or more of the following;

a. Enclosed in a case that is carried in the trunk of the vehicle;

b. Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is travelling does not have a trunk.

ARTICLE II - CONTROLLED SUBSTANCEPENALTY

Except as authorized by State law, it shall be unlawful for any person to use or possess marijuana. A person who violates Article I shall be guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

ARTICLE III – PENALTYSAVINGS CLAUSE

Any person convicted of a violation of this Ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the Oakland County Jail for not more than ninety (90) days or both such fine and imprisonment in the discretion of the Court. Nothing in this Ordinance hereby adopted shall be construed to affect any just or legal right or remedy of any chapter, nor shall any just or legal right or remedy of any chapter be lost, impaired or affected by this Ordinance.

ARTICLE IV - SEVERABILITY

If any article, section, subsection, sentence, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any court of competent jurisdiction, such article, section, subsection, sentence, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance; but the remainder of this Ordinance shall stand and be in full force and effect. The various parts, sections and clauses of this Ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected.

ARTICLE V - EFFECTIVE DATE

This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law. 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 proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 11.26.14

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