[12-4-2018 by Ord. No. 2018-02]
In the interest of preserving the public peace, health, safety and welfare of the City of Ithaca by prohibiting the sale and consumption of marihuana in public places within the City of Ithaca, this article is established.
[12-4-2018 by Ord. No. 2018-02]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
IHRA
The Industrial Hemp Research and Development Act, 2014 PA 547, MCL § 286.841 et seq.
MARIHUANA ESTABLISHMENT
That term as defined in the MRTMA.
MARIHUANA FACILITY
That term as defined in the MMFLA.
MMFLA
The Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended.[1]
MMMA
The Michigan Medical Marihuana Act, 2008 IL 1, as amended.[2]
MRTMA
The Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended.[3]
PUBLIC PLACES
The following:
(a) 
Public street and alley rights-of-way (ROW), including public sidewalks.
(b) 
Public parks, recreation areas, trails, pathways and cemeteries.
(c) 
Publicly owned/leased parking lots.
(d) 
Publicly owned/leased buildings, structures and grounds.
PUBLIC ROW (RIGHT-OF-WAY)
Real property owned or leased by or under the control of a public governmental entity, including, but not limited to, improved or unimproved streets, alleys, easements, sidewalks, and parking strips (the area between the sidewalk and the paved street or road) used for the purpose of vehicle and pedestrian transportation, property access, and public or private utility infrastructure (including, but not limited to, sanitary sewers, storm sewers, water mains, electric distribution lines, and telecommunications equipment).
PUBLICLY OWNED/LEASED
Real property owned or leased by or under the control of a public governmental entity, including, but not limited to, cities, townships, counties, special purpose districts, the State of Michigan, or the United States Government, or creations, authorities and other entities created by those governmental entities.
[1]
Editor's Note: See Mich Admin Code, R 333E-2.2018 et seq.
[2]
Editor's Note: See MCL 333.26421 et seq.
[3]
Editor's Note: See MCL 333.27951 et seq.
[12-4-2018 by Ord. No. 2018-02]
(a) 
In conformance with Sections 4.1(e) and 6.2(b) of the MRTMA, and the MMFLA (the "Acts"), except as otherwise provided in this section, the sale or consumption of marihuana in any form and the sale or display of marihuana accessories, as defined by the MRTMA, is prohibited in any public places within the boundaries of the City.
(b) 
Notwithstanding the limitations set forth in Subsection (a) hereof, marihuana may be consumed where approval is granted by the City Council for the consumption of marihuana at a City-approved festival or activity in areas designated by the City for such festival or activity and that are not accessible to persons under 21 years of age.
[12-4-2018 by Ord. No. 2018-02]
(a) 
Except as specifically provided in § 32-137, this article does not supersede the rights, privileges or obligations of any individual or other person preserved under the MRTMA.
(b) 
This article does not supersede the rights, privileges or obligations with respect to the transportation of marihuana through the City to the extent provided by the Acts.
(c) 
This article does not supersede the rights, privileges or obligations under Michigan law with respect to the establishment and licensing of medical marihuana facilities under the MMMA, the MMFLA or any other federal or State of Michigan law, rule or regulation allowing for or regulating marihuana for medical use.
(d) 
This article does not affect the rights, privileges or obligations of any individual or other person under the IHRA.
[12-4-2018 by Ord. No. 2018-02]
Any person who violates any of the provisions of this article shall be responsible for a municipal civil infraction punishable by a civil fine of $500, plus court-imposed costs.