*THE FOLLOWING ORDINANCE WAS ADOPTED AT A MEETING OF THE TOWNSHIP BOARD HELD ON NOVEMBER 28, 2011.
FRUITPORT CHARTER TOWNSHIP
ORDINANCE NO. 774
ZONING TEXT AMENDMENT ORDINANCE
THIS IS AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES FOR FRUITPORT CHARTER TOWNSHIP, MUSKEGON COUNTY, MICHIGAN, BY ADDING SECTION 42-607 CONCERNING MEDICAL MARIHUANA.
THE CHARTER TOWNSHIP OF FRUITPORT, COUNTY OF MUSKEGON, STATE OF MICHIGAN, ORDAINS:
Section 1. Medical Marihuana. Section 42-607 of the Code of Ordinances, concerning medical marihuana, is added in its entirety as follows.
Sec. 42-607. Medical marihuana.
(a) For purposes of this section, the following words and terms shall have the following definitions.
(1) General rules: the general rules of the Michigan Department of Community Health, issued in connection with the MMMA.
(2) Marihuana: also known as marijuana, also known as cannabis; shall have the meaning given to it in section 7601 of the Michigan Public Health Code, Public Act 368 of 1978, MCL 333.7106, as referred to in section 3(d) of the MMMA, MCL 333.26423(d). Any other term pertaining to marihuana used in this chapter and not otherwise defined shall have the meaning given to it in the MMMA or in the general rules.
(3) Medical use of marihuana: the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, as defined under the MMMA.
(4) MMMA: the Michigan Medical Marihuana Act; Public Act 2008, Initiated Law, as amended.
(b) Medical marihuana. A registered primary caregiver, in compliance with the general rules, the MMMA, the requirements of this section, the requirements of section 42-179, and the requirements of chapter 24 shall be allowed as a home occupation in the R-1, R-2, R-3, R-4, R-5 and R-6 districts as a matter of right, without obtaining a special use permit, because of the regulation established by and the confidentiality guaranteed by the MMMA. If there is a conflict between the provisions of section 42-179 and this section, this section shall control.
Nothing in this section or in this chapter is intended to grant, nor shall this section or this chapter be construed as granting, immunity from criminal prosecution for growing, selling, consuming, using, distributing, or possessing marihuana not in strict compliance with the MMMA and the general rules.
Since federal law is not affected by the MMMA or the general rules, nothing in this section or in this chapter is intended to grant, nor shall this section or this chapter be construed as granting, immunity from criminal prosecution under federal law. The MMMA does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under federal law.
The following requirements for a registered primary caregiver shall apply.
(1) The medical use of marihuana shall comply at all times and in all circumstances with the MMMA and the general rules, as they may be amended from time to time.
(2) A registered primary caregiver must be located outside of a 1,000 foot radius from any school, including any day care facility, to ensure community compliance with federal "Drug-Free School Zone" requirements.
(3) Not more than one registered primary caregiver from a dwelling unit shall be permitted to service qualifying patients.
(4) All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the dwelling unit in which electrical wiring, lighting or watering devices that support the cultivation, growing or harvesting of marihuana are located.
(5) If a room with windows is utilized as a growing location for marihuana, any lighting between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the dwelling unit, to prevent ambient light spillage that may create a distraction for adjacent properties.
(6) That portion of the dwelling unit where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the fire department to insure compliance with applicable standards.
(7) The lot shall be open for inspection upon request by the building inspector, zoning administrator, fire department and law enforcement officials for compliance with all applicable laws and rules during the stated hours of operation/use and at such other times as anyone is present on the lot.
(8) No sign shall be permitted for the medical use of marihuana.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, on November 28, 2011, after a public hearing as required pursuant to Michigan Act 110 of 2006, as amended, and after introduction and a first reading on Octoberber 24__, 2011, and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on December 11, 2011, which is the eighth day after publication as is required by Section 401 of Act 110, as amended, provided that the effective date shall be extended as necessary to comply with the requirements of Section 402 of Act 110, as amended.
Brian Werschem, Supervisor Carol Hulka, Clerk
Fruitport Charter Township Fruitport Charter Township
FCT 257 Zoning Text Amendment Ordinance 10142011
I, Carol Hulka, the Clerk for the Charter Township of Fruitport, Muskegon County, Michigan, certify that the foregoing Fruitport Charter Township Ordinance was adopted at a regular meeting of the Township Board held on November 28, 2011. The following members of the Township Board were present at that meeting: Brian Werschem, Carol Hulka, Rose Dillon, Ron Becklin, Dave Markgraf, Marjorie Nash, and Chuck Whitlow. The following members of the Township Board were absent: none. The Ordinance was adopted by the Township Board with members of the Board Whitlow, Markgraf, Hulka, Dillon, Nash, Becklin, and Werschem voting in favor, and members of the Board- none voting in opposition. Notice of Adoption and Posting of the Ordinance was published in The Muskegon Chronicle on December 3, 2011.
Carol Hulka, Clerk
Fruitport Charter Township
FCT 257 Zoning Text Amendment Ordinance 10142011
First Reading: October 24, 2011
Second Reading: November 28, 2011
Posting: December 1, 2011
Publication: December 3, 2011
Effective Date: December 11, 2011___________