The following ordinance was adopted by the Township Board on April 8, 2019:
FRUITPORT CHARTER TOWNSHIP
MARIHUANA ESTABLISHMENTS ORDINANCE
ORDINANCE NO. 808
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT BY ADDING A NEW CHAPTER, WHICH NEW CHAPTER SHALL BE DESIGNATED AS CHAPTER 31 OF THE CODE TO PROHIBIT MARIHUANA ESTABLISHMENTS AND THE SALE AND CONSUMPTION OF MARIHUANA IN PUBLIC PLACES.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:
Section 1. Addition of Chapter 31. Chapter 31, “Prohibition of Marihuana Establishments and the Sale and Consumption of Marihuana in Public Places,” of the Code of Ordinances of the Charter Township of Fruitport is added to read as follows:
PROHIBITION OF MARIHUANA ESTABLISHMENTS AND THE SALE AND CONSUMPTION OF MARIHUANA IN PUBLIC PLACES
Sec. 31-1 Prohibition of marihuana establishments.
A. Pursuant to the provisions of Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act (the “Act”), marihuana establishments, as defined by the Act, are completely prohibited within the boundaries of the Township.
B. Any applicant for a state or local license to establish a marihuana establishment, as defined by the Act, within the boundaries of the Township shall be deemed to be not in compliance with this Chapter or with the Code of Ordinances amended by this Chapter.
C. This section does not supersede rights and obligations with respect to the transportation of marihuana through the Township to the extent provided by the Act, and does not supersede rights and obligations under Michigan law and Chapter 24 of this Code of Ordinances with respect to the establishment and licensing of medical marihuana facilities under the Michigan Medical Marihuana Act, the Medical Marihuana Licensing Act, 2016 PA 281, or any other law of the State of Michigan allowing for or regulating marihuana for medical use.
Sec. 31-2 Prohibition on sale and consumption of marihuana in public places.
A. In conformance with Sections 4.1(e) and 6.2(b) of the Act, the sale or consumption of marihuana in any form and the sale or display of marihuana accessories, as defined by the Act, is prohibited in any public places within the boundaries of the Township.
B. Any person who violates any of the provisions of this section shall be responsible for a municipal civil infraction.
C. This section does not supersede rights and obligations with respect to the transfer and consumption of marihuana on private property to the extent authorized by the person who owns, occupies or operates such property, as provided in and authorized by the Act, and does not supersede rights and obligations with respect to the use of marihuana for medical purposes as provided by any law of the State of Michigan allowing for or regulating marihuana for medical use.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on April 8, 2019, after introduction and a first reading on March 25, 2019, and publication after the first reading as required by Michigan law. This Ordinance shall be effective 30 days after its publication following adoption.