Ira Township (St Clair County) 750.474 Illegal Transport Ordinance

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TOWNSHIP OF IRA
ST. CLAIR COUNTY, MICHIGAN
IRA TOWNSHIP CODE OF ORDINANCES
ORDINANCE NO. 81
THAT THE CODE OF ORDINANCES, TOWNSHIP OF IRA, MICHIGAN IS HEREBY AMENDED BY
ADDING A PART TO THE OFFENSES SECTION OF THE TOWNSHIP CODE, TO RESTRICT THE
TRANSPORTATION AND POSSESSION OF USABLE MARIJUANA IN A MOTOR VEHICLE.
THE TOWNSHIP BOARD OF THE TOWNSHIP OF IRA, COUNTY OF ST. CLAIR, MICHIGAN,
ORDAINS:
SECTION 1. TITLE.
This Ordinance shall be known as the “Transportation or Possession of Usable Marijuana in
a Motor Vehicle Ordinance.”
SECTION 2. PURPOSE.
The purpose of this Ordinance is to protect public health, safety and welfare and to restrict
the transportation and possession of usable marijuana, as defined by the Michigan Medical Marijuana Act
in section 26423 of the Public Health Code, Public Act 368 of 1978. In an effort to promote a nd protect
public health and welfare, the Ordinance would prohibit a person from transporting or possessing usable
marijuana in or upon any motor vehicle or any self-propelled vehicle designed for land travel unless the
usable marijuana was enclosed in a case carried in the trunk of the vehicle, or if the vehicle did not have a
trunk, the marijuana would have to be enclosed in a case that was not readily accessible from the interior of
the vehicle.
SECTION 3. ENABLING AUTHORITY.
This Ordinance is adopted pursuant to, and in accordance with Act 246, Public Acts of 1945
as amended, and Public Act 460 of 2012.
SECTION 4. DEFINITIONS.
Definitions utilized under this ordinance shall be the same definitions as provided in the Michigan Me dical
Marijuana Act MCL 333.26423 et seq., as amended.
SECTION 5. PROHIBITED CONDUCT.
A person shall not transport or possess usable marijuana as defined in section 26423 of the public health
code, 1978 PA 368, MCL 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for
land travel, unless the usable marijuana is one or more of the following:
A. Enclosed in a case that is carried in the trunk of the vehicle.
B. Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in
which the person is traveling does not have a trunk.
SECTION 6. VIOLATIONS; PENALTY.
Any violation of any provision of this act shall be a misdemeanor punishable by imprisonment of not more
than ninety-three (93) days and/or a fine of Five Hundred ($500.00) Dollars, or both, in addition to any other
penalty provisions provided for a violation of a misdemeanor as set forth in the general penalty provisions
of this Code of Ordinances.
SECTION 7. REPEALING OF CONFLICTING PROVISIONS.
All resolutions, ordinances or parts thereof in conflict with the provisions of this Ordinance are to
the extent of such conflict hereby repealed.
SECTION 8. SEVERABILITY
If any section, paragraph, clause or provision of this Ordina nce is for any reason held to be invalid
or unconstitutional, the invalidity or unconstitutionality of such section, paragraph, clause or provision shall
not affect any of the remaining provisions of this Ordinance.
SECTION 9. PUBLICATION.
A true copy of this Ordinance or a summary thereof shall be published once in a newspaper of
general circulation in the Township of Ira.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after the publication of a true copy or summary
thereof as provided in Section 9.
CERTIFICATE OF TOWNSHIP CLERK
I certify that the foregoing constitutes a true and complete copy of an Ordinance duly adopted by
the Township Board of the Township of Ira, St. Clair County, Michigan, at a meeting held on the 5
th
day of August A.D., 2013.
I further certify that the following Township Board Members were present at the meeting: Crystal
Sovey, Robert McCoy, James Jacob, James Endres Jr., Thomas Jeannette and the following Township
Board members were absent: None
I further certify that Member James Endres moved for the adoption of the Ordinance, and that
motion was supported by Member James Jacob. I further certify that the following Township Board
Members voted for the adoption of the Ordinance: Crystal Sovey, Robert McCoy, James Jacob, James
Endres Jr., Thomas Jeannette and that the following Township Board Members voted against adoption of
the Ordinance: None
_______________________________
Crystal Sovey, Ira Township Clerk