[HISTORY: Adopted by the Township Board of the Charter Township
of Oakland 1-22-2019 by Ord. No. 108. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Charter
Township of Oakland Prohibition of Marijuana Establishments Ordinance."
Words used herein shall have the definitions as provided for
in Initiated Law 1 of 2018, Proposal 1 of 2018, as may be amended.
The Charter Township of Oakland hereby prohibits all marijuana
establishments within the boundaries of the Township pursuant to Initiated
Law 1 of 2018, as approved by passage of Proposal 1 in November 2018,
as may be amended.
A.
Any person
who disobeys, neglects or refuses to comply with any provision of
this chapter or who causes, allows or consents to any of the same
shall be deemed to be responsible for the violation of this chapter.
A violation of this chapter is deemed to be a nuisance per se.
B.
A violation
of this chapter is a municipal civil infraction, for which the fine
shall not be less than $100 nor more than $500, in the discretion
of the court. The foregoing sanctions shall be in addition to the
rights of the Township to proceed at law or equity with other appropriate
and proper remedies. Additionally, the violator shall pay costs which
may include all expenses, direct and indirect, which the Township
incurs in connection with the municipal civil infraction.
C.
Each day
during which any violation continues shall be deemed a separate offense.
D.
In addition,
the Township may seek injunctive relief against persons alleged to
be in violation of this chapter, and such other relief as may be provided
by law.
E.
This chapter
shall be administered and enforced by the Ordinance Enforcement Officer
of the Township or by such other person( ) as designated by the Township
Board from time to time.