City Ordinance Chapter 034 - Health and Sanitation

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                                                      Chapter 34

                                        HEALTH AND SANITATION*


                                                 Article I.    In General
                     Secs. 34-1—34-30. Reserved.


                                                 Article II.    Smoking
                     Sec. 34-31.   Definitions.
                     Sec. 34-32.   Findings and purpose.
                     Sec. 34-33.   Application of article to city facilities or vehicles.
                     Sec. 34-34.   Prohibition of smoking; exceptions and limitations.
                     Sec. 34-35.   Violations and penalties.
                     Sec. 34-36.   Other applicable laws.
                     Secs. 34-37—34-60. Reserved.


                                             Article III.     Water Supplies
                     Sec.   34-61. Definitions.
                     Sec.   34-62. Findings.
                     Sec.   34-63. Modification or repeal of article; notice to the state.
                     Sec.   34-64. Penalty; permit denial; remedies.
                     Sec.   34-65. Prohibition of use of secondary water supplies for human
                                   consumption or irrigation; exceptions.
                     Sec. 34-66.   Sources of water supplied for human consumption.
                     Sec. 34-67.   Irrigation.
                     Sec. 34-68.   Notification to county.
                     Sec. 34-69.   Wells or secondary water supply affecting contaminated
                                   groundwater.
                     Sec. 34-70.   City inspections; enforcement.
                     Sec. 34-71.   Affected premises.
                     Sec. 34-72.   Notification to register of deeds.
                     Secs. 34-73—34-100. Reserved.


                                           Article IV.   Medical Marihuana
                     Sec.   34-101.Purpose and intent.
                     Sec.   34-102.Definitions.
                     Sec.   34-103.Licensure requirements.
                     Sec.   34-104.Application for license.
                     Sec.   34-105.Number of marihuana plants.
                     Sec.   34-106.Locations.
                     Sec.   34-107.No signs or advertising.
                     Sec.   34-108.Primary caregiver operations.
                     Sec.   34-109.Medical marihuana home cultivation operation.
                     Sec.   34-110.Use of land in accordance with approved application.
                     Sec.   34-111.No vested rights.
                     Sec.   34-112.Effect of license; suspension; penalties; daily violation.
                     Sec.   34-113.Nonrenewal revocation.
                     Sec.   34-114.Appeals process.
                     Sec.   34-115.Severability.
                     Sec.   34-116.Prohibition against provisioning centers and safety compli-
                                   ance facilities.
                     Secs. 34-117—34-200. Reserved.

  *State law references—Public health code, MCL 333.1101 et seq.; food law, MCL 289.1101 et seq.



Supp. No. 9                                              CD34:1
                                         MUSKEGON CITY CODE



                        Article V.   Medical Marihuana Facilities Licensing Act
              Sec. 34-201.  Purpose and intent.
              Sec. 34-202.  Definitions.
              Sec. 34-203.  MMFLA opt-in provision.
              Sec. 34-204.  Permit required for MMFLA activity.
              Sec. 34-205.  MMFLA location requirements.
              Sec. 34-206.  Application procedure.
              Sec. 34-207.  Permit revocation and review.
              Secs. 34-208—34-300. Reserved.


                         Article VI.   Recreational Marihuana Establishments
              Sec.   34-301.   Purpose and intent.
              Sec.   34-302.   Definitions.
              Sec.   34-303.   Recreational marihuana opt-in provision.
              Sec.   34-304.   Permit required for recreational marihuana activity.
              Sec.   34-305.   Recreational marihuana location requirements.
              Sec.   34-306.   Application procedure.
              Sec.   34-307.   Permit revocation and review.




Supp. No. 9                                      CD34:2
                                         HEALTH AND SANITATION                                     § 34-300



  (h) No person or entity that opened or oper-             (2)   Any knowing violation of this article;
ated a facility doing business or purporting to do
                                                           (3)   Loss of the applicant's state medical
business as a marihuana facility prior to the
                                                                 marihuana facility license;
adoption of this article shall be considered a
lawful use.                                                (4)   Failure of the applicant to obtain a state
(Ord. No. 2383, § 1, 5-8-2018)                                   medical marihuana facility license within
                                                                 a reasonable time after obtaining a permit
Sec. 34-205. MMFLA location requirements.                        under this section;
   (a) Growers, processors, provisioning centers,          (5)   Conducting business in an unlawful
safety compliance facilities, and secure transport-              manner or in such a way as to constitute
ers are permitted in those zones and subject to                  a menace to the health, safety, or general
requirements provided for in the city's zoning                   welfare of the public;
ordinance.                                                 (6)   The violation of any of the conditions of
   (b) The marihuana facility shall meet all                     issuance or continuation of a certificate
applicable written and duly promulgated                          of registration;
standards of the city and, prior to opening,               (7)   Fraud, misrepresentation or any false
applicants shall demonstrate to the city that the                statement made in the operation of the
location meets the rules and regulations                         business;
promulgated by the state medical marihuana
facilities licensing board.                                (8)   Failure to pay personal property taxes, or
(Ord. No. 2383, § 1, 5-8-2018)                                   timely file documentation or returns
                                                                 required for such taxes;
Sec. 34-206. Application procedure.                        (9)   Failure to pay city income taxes, failure
   (a) All applicants for permits required by this               to withhold city income tax from
section shall file an application with the clerk.                employees, failure to remit to the city
This application shall be signed by the applicant                withheld city income taxes, or timely file
if an individual, or by all partners if a partner-               documentation or returns required for
ship, by a managing member if a limited liability                such taxes;
company, or by the president of a corporation.             (10) Failure to pay any outstanding amounts
  (b) The applicant may be requested to provide                 owed the city (such as fees for inspec-
any information required by the MMFLA and                       tions or property services, water or sewer
any other information deemed by the city to be                  bills, municipal civil infraction fines
required for the consideration of a permit.                     applicable to the business or its premises,
                                                                current special assessment, installments,
  (c) The permit shall be approved if the                       etc.);
applicant meets all city requirements unless a
due diligence investigation discloses tangible             (11) Failure to pay registration fees imposed
evidence that the conduct of the applicant's                    pursuant to this chapter and resolution
business would pose a substantial threat to the                 of the city commission;
public health, safety, or general welfare.                 (12) Failure or inability of an applicant to
(Ord. No. 2383, § 1, 5-8-2018)                                  meet and satisfy any of the requirements
                                                                and provisions of this chapter; or
Sec. 34-207. Permit revocation and review.
                                                        (13) Failure to allow inspection of the busi-
  A permit granted under this section may be                 ness premises or hazardous material stor-
revoked or not renewed for any of the following              age records at a reasonable time.
reasons:                                              (Ord. No. 2383, § 1, 5-8-2018)
  (1)   Any fraud or misrepresentations contained
        in the permit application;                    Secs. 34-208—34-300. Reserved.


Supp. No. 9                                      CD34:15
§ 34-301                                  MUSKEGON CITY CODE



       ARTICLE VI. RECREATIONAL                         (4) No permit issued under this section shall
      MARIHUANA ESTABLISHMENTS                        be transferable.
                                                         (5) All permits issued under this section shall
Sec. 34-301. Purpose and intent.
                                                      be renewed annually and subject to annual
  It is the intent of this article to opt-in to the   inspection and renewal fees as set from time to
Michigan Regulation and Taxation of Marihuana         time by the city by resolution.
Act, being Initiated Law 1 or 2018 (MCL 333.27951
                                                         (6) The city may limit the number of permits
through 333.27967).
                                                      issued under this section, and may revise this
(Ord. No. 2421, § 1, 10-8-2019)
                                                      limit from time to time.
Sec. 34-302. Definitions.                                (7) A person or entity that receives a permit
                                                      under this section shall display its permit and,
  Words used in this article shall have the
                                                      when issued, its state license in plain view
meaning as defined in the Michigan Regulation
                                                      clearly visible to city officials and state authorized
and Taxation of Marihuana Act, being Initiated
                                                      agents.
Law 1 or 2018 (MCL 333.27951 through
333.27967), as may be amended.                          (8) No person or entity that opened or oper-
(Ord. No. 2421, § 1, 10-8-2019)                       ated a facility doing business or purporting to do
                                                      business as a marihuana establishment prior to
Sec. 34-303. Recreational marihuana opt-in            the adoption of this article shall be considered a
             provision.                               lawful use.
                                                      (Ord. No. 2421, § 1, 10-8-2019)
   Pursuant to section 6 of the Michigan Regula-
tion and Taxation of Marihuana Act, being Initi-
                                                      Sec. 34-305. Recreational marihuana loca-
ated Law 1 or 2018 (MCL 333.27951 through
                                                                   tion requirements.
333.27967), the city will authorize permits for
marihuana establishments.                               (1) Marihuana establishments are permitted
(Ord. No. 2421, § 1, 10-8-2019)                       in those zones and subject to requirements
                                                      provided for in the city's zoning ordinance.
Sec. 34-304. Permit       required    for
                                                         (2) The marihuana establishments shall meet
             recreational marihuana activ-
                                                      all applicable written and duly promulgated
             ity.
                                                      standards of the city and, prior to opening,
   (1) Any person or entity that wishes to oper-      applicants shall demonstrate to the city that the
ate as a marihuana establishment pursuant to          location meets the rules and regulations
the Michigan Regulation and Taxation of               promulgated by the state, if any.
Marihuana Act, being Initiated Law 1 or 2018          (Ord. No. 2421, § 1, 10-8-2019)
(MCL 333.27951 through 333.27967) in the city
shall obtain a permit from the city and must          Sec. 34-306. Application procedure.
obtain a state operating license prior to opening
                                                         (1) All applicants for permits required by this
or operating.
                                                      section shall file an application with the clerk.
   (2) The application and inspection fee for the     This application shall be signed by the applicant
permit required by this section shall be set from     if an individual, or by all partners if a partner-
time to time by the city by resolution.               ship, by a managing member if a limited liability
                                                      company, or by the president of a corporation.
   (3) In addition to an annual reapplication and
inspection fee, the city may assess an annual fee        (2) The applicant may be requested to provide
of no more than $5,000.00 to help defray the          any information required by the Michigan Regula-
administrative and enforcement costs associated       tion and Taxation of Marihuana Act, being Initi-
with the operation of the marihuana establish-        ated Law 1 or 2018 (MCL 333.27951 through
ments operating in the city.                          333.27967).


Supp. No. 9                                      CD34:16
                                        HEALTH AND SANITATION                                       § 34-307



  (3) The permit shall be approved if the                        applicable to the business or its premises,
applicant meets all city requirements unless a                   current special assessment, installments,
due diligence investigation discloses tangible                   etc.);
evidence that the conduct of the applicant's               (k)   Failure to pay registration fees imposed
business would pose a substantial threat to the                  pursuant to this chapter and resolution
public health, safety, or general welfare.                       of the city commission;
(Ord. No. 2421, § 1, 10-8-2019)
                                                           (l)   Failure or inability of an applicant to
Sec. 34-307. Permit revocation and review.                       meet and satisfy any of the requirements
                                                                 and provisions of this chapter;
  (1) A permit granted under this section may              (m) Failure to allow inspection of the busi-
be revoked or not renewed for any of the follow-               ness premises at a reasonable time; or
ing reasons:
                                                           (n)
                                                             Failure to allow inspection of hazardous
  (a)   Any fraud or misrepresentations contained            material storage records at a reasonable
        in the permit application;                           time.
  (b)   Any knowing violation of this article;        (Ord. No. 2421, § 1, 10-8-2019)

  (c)   Loss of the applicant's state medical
        marihuana facility license;
  (d)   Failure of the applicant to obtain a state
        medical marihuana facility license within
        a reasonable time after obtaining a permit
        under this section;
  (e)   Conducting business in an unlawful
        manner or in such a way as to constitute
        a menace to the health, safety, or general
        welfare of the public;
  (f)   The violation of any of the conditions of
        issuance or continuation of a certificate
        of registration;
  (g)   Fraud, misrepresentation or any false
        statement made in the operation of the
        business;
  (h)   Failure to pay personal property taxes, or
        timely file documentation or returns
        required for such taxes;
  (i)   Failure to pay city income taxes, failure
        to withhold city income tax from
        employees, failure to remit to the city
        withheld city income taxes, or timely file
        documentation or returns required for
        such taxes;
  (j)   Failure to pay any outstanding amounts
        owed the city (such as fees for inspec-
        tions or property services, water or sewer
        bills, municipal civil infraction fines


Supp. No. 9                                      CD34:17

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