[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.
MMFLA
The Medical Marihuana Facilities Licensing Act, 2016 PA 281,
as amended.
MMMA
The Michigan Medical Marihuana Act, 2008 IL 1, as amended.
MRTMA
The Michigan Regulation and Taxation of Marihuana Act, 2018
IL 1, as amended.
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.
[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.