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Ba Enacts Ban

cephalopod

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cephalopod Advanced Member

cephalopod

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I'm glad the ACLU is addressing this issue already in the courts.

 

http://www.michigansthumb.com/articles/2010/12/08/news/local_news/doc4cff7cf8a80c7100643529.txt

 

BA adopts several ordinance amendments

Published: Wednesday, December 8, 2010 8:50 AM EST

By Kate Hessling

Tribune Staff Writer

 

BAD AXE — Council adopted a slew of city ordinance amendments Monday, including one regulating the location and operation of primary caregivers and operating medical marijuana dispensaries under the Michigan Medical Marijuana Act.

 

The ordinance states it is necessary for the health, safety and welfare of the city to adopt the ordinance, which is six pages long and includes a number of restrictions/regulations.

 

The bottom line, however, is that any medical marijuana dispensary is prohibited within the city. The ordinance defines a medical marijuana dispensary as a facility, including a growing co-op, where a primary caregiver who is legally registered by the Michigan Department of Community Health may lawfully assist up to five qualifying patients who also are legally registered by the state with the acquisition of medical marijuana in accordance to state law.

 

The prohibition applies to any dispensary, regardless of a person’s ability to legally grow marijuana in the state, because medical marijuana use/growth is not allowed by federal law and the city’s ordinance states, “Every medical marijuana dispensary must comply with and not be contrary to all local, county, state and federal laws.”

 

Council unanimously voted to adopt the ordinance amendment and it — along with four other ordinance amendments adopted Monday — will become effective 20 days after publication.

 

The other ordinances changes approved Monday included adding sections prohibiting outdoor furnaces and overnight parking of recreational vehicles, and amending sections pertaining to garage sales and maximum height of vegetation.

 

The ordinance amendment prohibiting outdoor furnaces states, “No person, corporation, partnership or entity shall install, use or maintain an outdoor furnace fired by wood, corn, pellets, coal, gas or any other type of combustible material within the City of Bad Axe.”

 

Per the ordinance, violators will be subject to a $10 civil fine, reimbursement to the City within 48 hours for charges assessed for the expense of the abatement, plus costs and other sanctions for each infraction. The ordinance states fines will be increased for repeat offenses, starting at $25 for the first repeat offense and $50 for second and any subsequent repeat offenses.

 

Councilman Dave Rapson explained the purpose of the ordinance is to prohibit outdoor burners because they can cause disruption to the rest of the neighborhood.

 

Council adopted the ordinance in a roll call vote, with all but Councilman Nick Rochefort voting in favor of the ordinance. Prior to the vote, Rochefort questioned whether it would be possible to allow the use of outdoor furnaces for some properties that are located in such a way, like on the city boundaries, that they wouldn’t disturb others.

 

The ordinance prohibiting overnight parking states recreational vehicles are not allowed to be parked on any street in the City of Bad Axe during the hours of 11 p.m. and 7 a.m.

 

The ordinance states recreational vehicles include, but are not limited to, boats, motor homes, fifth-wheel trailers and travel trailers.

 

Violators of this section of the ordinance will be subject to a $10 civil fine for the first offense, $25 for the first repeat offense and $50 for second and any subsequent offenses.

 

Regarding garage sales, the ordinance currently states violators are subject to a $50 fine for the first offense and a $100 fine for any subsequent offense. The amendment adopted Monday changes those fines to $10 for the first offense and $25 for the first repeat offense within any 18-month period. Any second or subsequent offense is $50.

 

The fines pertaining to those in violation of the section of the ordinance pertaining to the maximum height of vegetation also were changed through an amendment adopted Monday. The section of that ordinance states it is unlawful for anyone to grow weeds, grass or plants — other than trees, bushes, flowers or other ornamental or vegetable plants — to a height exceeding 10 inches anywhere in the city. Such plants, grasses or weeds exceeding that height are declared nuisances.

 

The fees currently are $50 for a first offense, $150 for a first repeat offense and $250 for a second or any subsequent offense. The ordinance amendment adopted Monday changes the fees to $10 for the first offense, $25 and $50 for any second or subsequent offense.

 

In other business during Monday’s Bad Axe City Council meeting, the board:

 

• Scheduled a work study to review the city’s recreation plan for 6:30 p.m., Dec. 20 in City Hall.

 

• Approved replacing the Cleveland Street water main and sewer main, including sewer service leads. The cost to replace the water main is estimated at $106,000 and the estimated cost for the sewer work is $152,000. VanDeVusse said he anticipates the project will be bid out in spring 2011.

 

• Tabled a motion to approve 2010-11 Paving Projects.

 

• Approved payment of bills in the amount of $158,930.78.

 

Also during Monday’s meeting:

 

• Bad Axe Police Chief Dave Rothe presented donations to a number of local organizations. He explained the department has been raising funds over the past year to give back to the community. The fundraisers, in addition to a $200 donation, raised $1,900. During Monday’s meeting, Rothe gave checks to representatives from the Huron County Baby Pantry, Clothe-a-Child, Sacred Heart Food Pantry, Huron County Hockey Association and Huron County Coats for Kids. The department also has a check to give to the Huron County Senior Center on Friday.

 

• Rothe presented a citizen recognition award to resident Fred Edwards. The chief explained the department was dispatched to an East Huron Avenue residence on Sept. 14, where an elderly male was lying on the floor. It was determined the man suffered a stroke and was lying there for six hours.

 

Police were notified of the man because Edwards, who was riding his bike, heard calls from the residence, Rothe said. When he went to investigate the situation, he found the man then went to a neighbor’s home to call police. Police then were able to respond and give the man the help he needed.

 

Rothe said if it wasn’t for the actions Edwards took that day, the outcome wouldn’t have been as favorable as it was.

 

• Councilman Jim Hall proposed the city create a multi-year budget to avoid what has happened in the City of Essexville, which reportedly has done a five-year projection based on property values and revenue sharing that found the city will run out of money in three years. Hall proposed creating a large advisory committee with city officials and community members to formulate a multi-year budget projection to get an idea of what the city’s financial situation will be in the future and brainstorm ways to prevent problems that may be on the horizon.

 

• City Manager Dale VanDeVusse thanked the Parade Committee for the fantastic job done on the Bad Axe Christmas Parade. He also thanked the local department of public works for keeping the streets clean and the police department for providing traffic control.

 

Council’s next regular meeting is set to follow the 6:30 p.m. work study Dec. 20 in City Hall, located at 300 E. Huron Ave. in Bad Axe.

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