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Medical Marijuana Ordinance 21-04

ORDINANCE No. 21-04

TOWNSHIP OF KOCHVILLE

COUNTY OF SAGINAW

AN ORDINANCE OF THE TOWNSHIP OF KOCHVILLE, SAGINAW COUNTY, MICHIGAN, TO AMEND THAT PORTION OF THE KOCHVILLE TOWNSHIP CODE OF ORDINANCES, BEING THE KOCHVILLE TOWNSHIP ZONING ORDINANCE, BEING ORD. 6-14-Z, PASSED 10-3-2006 AND FURTHER BEING TITLE XV, CHAPTER 155, TO REGULATE AND LIMIT MEDICAL MARIHUANA CULTIVATION TO SINGLE-FAMILY RESIDENTIALLY ZONED PROPERTIES.

                WHEREAS, the Kochville Township Board of Trustees desires to Adopt an ordinance regulating the location of Medical Marihuana cultivation to single-family residential properties; and

                WHEREAS, the Kochville Township Board of Trustees has determined that the adoption of this Ordinance will serve to effectuate the goals and desires stated herein and will benefit the health, safety, and welfare of the residents and property owners of Kochville Township.

NOW, THEREFORE, THE TOWNSHIP OF KOCHVILLE ORDAINS:

                The Kochville Township Code of Ordinances, Title XV, Chapter 155, is hereby amended by adding the following to read as follows:

Section 155.345.  This ordinance shall be known as the Medical Marihuana Ordinance.

Section 155.346.  Kochville Township seeks to regulate the location where medical Marihuana caregiver activities may occur within the township to residentially zoned properties under the Michigan Zoning Enabling Act (“MZEA”), MCL 125.31010 et seq.

Section 155.347. This ordinance is adopted to regulate the location of activities related to the cultivation of Medical Marihuana by licensed primary caregivers and qualifying patients, consistent with the regulations of the Michigan Medical Marihuana Act, MCL 333.26421 et seq. (“MMMA”), and not to prohibit or penalize the cultivation of medical marihuana activities in Kochville Township.

Section 155.348.  Definitions as used in this ordinance.

                “Township” shall mean the Township of Kochville, Saginaw County, Michigan

“Medical Marihuana” means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

“Medical Marihuana Facility” means any building, parcel, property, location, within Kochville Township, used to cultivate, manufacture, extract, sell, transport medical marijuana for commercial purposes.

“Primary Caregiver” or "caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

"Qualifying patient" or "patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

"Enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.

Section 155.349.  Location.

  1. This ordinance does not regulate the cultivation of marihuana inside of a residential structure.
  2. Medical marihuana cultivation grown in an accessory structure, shall be clearly incidental to and a secondary use to the principal single-family residential structure.
  3. The required setback distances from lot lines shall conform to the setback requirements of the district in which the location resides.
  4. No more than one (1) caregiver may operate out of a single location on a single parcel of land.
  5. The licensed primary caregiver must reside at the location where Medical Marihuana is cultivated.

Section 155.350.  Light and Ventilation.

  1. Light cast by light fixtures inside any building used for marihuana cultivation shall not be visible outside the building from dusk to dawn the following day.
  2. The building used for marihuana cultivation shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
  3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
  4. Doors and windows of a building used for marihuana cultivation shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.

 

 

 

 

 

 

 

Section 155.351.  Permits and Registration.

  1. The location of Medical Marihuana cultivation shall be kept as a record by Kochville Township and shall be registered on a form for that purpose, with the name of the licensed primary caregiver and contact information.
  2. The fee for such registration shall be set by the Kochville Township Board in their schedule of fees and shall be paid at the time of registration by the licensed primary caregiver shown as the owner or occupant of the location that the medical marihuana is being cultivated.
  3. A Zoning permit shall be obtained prior to locating any Medical Marihuana grow operation in an accessory building incidental to the principal single-family residential use.
  4. A Building permit and any other applicable permits shall be obtained for any new structure, alteration to an existing structure, and inspected for compliance prior to use.
  5. Electrical permits shall be obtained by a licensed electrician for installation of equipment and shall be inspected for conformance to the Michigan Electrical code in affect at the time.
  6. A Mechanical and Plumbing permit must be obtained for any plumbing and/or mechanical work being completed in the structure and shall be inspected for compliance with the Michigan Plumbing and Michigan Mechanical codes in effect at the time.

Section 155.352.  Commercial Medical Marihuana Facilities prohibited.

  1. Medical Marihuana Facilities are prohibited in any district within Kochville Township.

Section 155.353.  Compliance with State law.

The licensed caregiver, cultivating medical marihuana, is responsible for the security of the structure used for cultivation.  Such structure must be fully enclosed, locked and secured in order to be entitled to MMMA protections, and must be at all times in compliance with the laws of the State of Michigan Medical Marihuana Act, MCL 333.26421 et seq.; and all other applicable rules promulgated by the state of Michigan.

Section 155.354.  Penalty.

  • A violation of this chapter shall be a civil infraction and shall be punishable by a fine of not more than $250.00. Any further violation of this chapter shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both.
  • Any violation of, or failure to comply with, this chapter is hereby declared to be a nuisance per se and may be abated by any and all available means, including without limitation, equitable relief by any court of competent jurisdiction. Any person violating this chapter shall pay the cost and expenses, including reasonable attorney fees, incurred by the township abating the nuisance.

Section 155.355.  Severability Clause.

                If any section, clause, paragraph, sentence or phrase of this ordinance shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase is hereby declared to be severable, and any such invalid or unconstitutional section, clause, paragraph, sentence or phrase shall in no way effect the remainder of this ordinance; and it is hereby declared to be the intention of the Kochville Township Board that the remainder of this ordinance would have been passed notwithstanding the invalidity or unconstitutionality of any section, clause, paragraph, sentence or phrase thereof.

 

Section 155.356.  Effective Date.

                This Ordinance shall take effect 30 (thirty) days following publication as required by law following adoption by the Township Board.

                This Ordinance is hereby declared to have been adopted by the Kochville Township Board of Trustees, County of Saginaw, State of Michigan, at a regular meeting held on the 19th day of July 2021 and ordered to be given publication in the manner prescribed by law.

 

ADOPTED

YEAS:

NAYS:

ABSENT:

 

                The foregoing Ordinance was duly adopted at a regular meeting of the Kochville Township Board of Trustees held on the 19th day of July 2021.

 

___________________________________________      ___________________________________________

Alan Malesky                                                                                     Kevin Machata

Supervisor of Kochville Township                                              Clerk of Kochville Township

 

CERTIFICATION

State of Michigan)

County of Saginaw)

 

                I, the undersigned, Township Clerk for the Township of Kochville, Saginaw County, Michigan, certify that the above Ordinance No. 21-04 adopted by the Township Board of Trustees of the Township of Kochville on the 19th day of July 2021, was recorded in full in the minutes of the meeting of the Township Board of Trustees on said date.  It was signed by the Supervisor and the Clerk of the Township.

Dated: July 19, 2021

                                                                                                                ___________________________________________

                                                                                                                KEVIN MACHATA, Clerk

Date of Publication:

Newspaper: The Saginaw News