CHARTER TOWNSHIP OF KALAMAZOO
ORDINANCE NO. 591
ADOPTED: NOVEMBER 27, 2017
EFFECTIVE: JANUARY 2, 2018
MEDICAL MARIHUANA FACILITIES ORDINANCE
An ordinance to provide a title for the ordinance; to define words; to authorize the operation of and provide regulations for medical marihuana facilities in the Charter Township of Kalamazoo pursuant to PA 281 of 2016, as may be amended; to provide for an annual fee; to provide penalties for violation of this ordinance; to provide for severability; to repeal all ordinances or parts of ordinances in conflict therewith and to provide an effective date.
THE CHARTER TOWNSHIP OF KALAMAZOO KALAMAZOO COUNTY, MICHIGAN ORDAINS:
SECTION I TITLE
This ordinance shall be known as and may be cited as the Charter Township of Kalamazoo Medical Marihuana Facilities Ordinance.
SECTION II DEFINITIONS
Words used herein shall have the definitions as provided for in PA 281 of 2016, as may be amended.
SECTION III AUTHORIZED MARIHUANA FACILITIES
1. The following medical marihuana facilities may be authorized to operate within the Township by the holder of a state operating license, subject to compliance with PA 281 of 2016, as may be amended, the Rules promulgated thereunder and this ordinance:
a) An unlimited number of growers shall be authorized in the Township, including Class A, Class B and Class C growers.
b) An unlimited number of processors shall be authorized in the Township.
c) An unlimited number of provisioning centers shall be authorized in the Township.
d) An unlimited number of safety compliance facilities shall be authorized in the Township.
e) An unlimited number of secure transporters shall be authorized in the Township.
2. On and after March 1, 2018, the Township shall accept applications for authorization to operate a medical marihuana facility within the Township. Application shall be made on a Township form and must be submitted to the Township Clerk and/or other designee of the Township Board (hereinafter referred to as the “Clerk.”). Once the Clerk receives a complete application including the initial annual medical marihuana facility fee, the applicant shall receive conditional authorization to operate such medical marihuana facility within the Township.
3. If a conditionally-authorized applicant is denied prequalification for a state operating license or is denied on full application for a state operating license, then such conditional authorization will be canceled by the Clerk.
4. A conditionally-authorized applicant shall receive full authorization from the Township to operate the medical marihuana facility within the Township upon the applicant providing to the Clerk proof that the applicant has received a state operating license for the medical marihuana facility in the Township and the applicant has met all other requirements of this ordinance for the operation including but not limited to any zoning approval for the location of the facility within the Township.
5. If a conditionally-authorized applicant fails to obtain full authorization from the Township within one year from the date of conditional authorization, then such conditional authorization shall be canceled by the Clerk. The Township Board shall have authority to extend the deadline to obtain full authorization for up to an additional six months on written request of the applicant, within thirty days prior to cancellation, upon the reasonable discretion of the Township Board finding good cause for the extension.
SECTION IV GENERAL REGULATIONS REGARDING AUTHORIZED MEDICAL MARIHUANA FACILITIES
1. AN authorized medical marihuana facility shall only be operated within the Township by the holder of a state operating license issued pursuant to PA 281 of 2016, as may be amended, and the Rules promulgated thereunder. The facility shall only be operated as long as the state operating license remains in effect.
2. Prior to operating an authorized medical marihuana facility within the Township pursuant to a state operating license, the facility must comply with all applicable zoning regulations. The facility shall only be operated as long as it remains in compliance with all applicable zoning ordinance regulations.
3. Prior to operating an authorized medical marihuana facility within the Township pursuant to a state operating license, the facility must comply with all Township construction and building ordinances, all other Township ordinances specifically regulating medical marihuana facilities, and generally applicable Township police power ordinances. The facility shall only be operated as long as it remains in compliance with all such ordinances now in force or which hereinafter may be established or amended.
4. An authorized medical marihuana facility shall consent to inspection of the facility by Township officials and the Kalamazoo Township Police Department during hours of operation to verify compliance with this ordinance.
5. If at any time an authorized medical marihuana facility violates this ordinance the Township Board may request that the state revoke or refrain from renewing the facility’s state operating license. Once such state operating license is revoked or fails to be renewed the Clerk shall cancel the Township authorization.
6. It is hereby expressly declared that nothing in this ordinance be held or construed to give or grant to any authorized medical marihuana facility a vested right, license, privilege or permit to continued authorization from the Township for operations within the Township.
7. The Township expressly reserves the right to amend or repeal this ordinance in any way including, but not limited to, complete elimination of or reduction in the type and/or number of authorized medical marihuana facilities authorized to operate within the Township.
SECTION V ANNUAL MEDICAL MARIHUANA FACILITY FEE
There is hereby established an annual nonrefundable Township medical marihuana facility fee in the amount of $5,000, for each authorized medical marihuana facility within the Township, to help defray administrative and enforcement costs associated therewith. An initial annual medical marihuana facility fee of $5,000 shall be payable at the time of application for Township authorization and thereafter the same amount shall be payable each year by the anniversary of the date of full Township authorization to operate the medical marihuana facility.
SECTION VI VIOLATIONS AND PENALTIES
1. Any person who disobeys neglects or refuses to comply with any provision of this ordinance or who causes allows or consents to any of the same shall be deemed to be responsible for the violation of this ordinance. A violation of this ordinance is deemed to be a nuisance per se.
2. A violation of this ordinance is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500 for the first offense and not less than $250 nor more than $1,000 for subsequent offenses, in the discretion of the Court. For purposes of this section, “subsequent offenses” means a violation of the provisions of this ordinance committed by the same person within 12 months of a previous violation of the same provision of this ordinance for which said person admitted responsibility or was adjudicated to be responsible. The foregoing sanctions shall be in addition to the rights of the Township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the Township incurs in connection with the municipal civil infraction.
3. Each day during which any violation continues shall be deemed a separate offense.
4. In addition, the Township may seek injunctive relief against persons alleged to be in violation of this ordinance, and such other relief as may be provided by law.
5. This ordinance shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person (s) as designated by the Township Board from time to time.
SECTION VII SEVERABLITY
The provisions of this ordinance are hereby declared to be severable. If any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such ordinance which shall continue in full force and effect. The provisions herein shall be construed as not interfering or conflicting with the statutory regulations for licensing marihuana facilities pursuant to PA 281 of 2016, as may be amended.
SECTION VIII REPEAL
All ordinance or parts of ordinances in conflict herewith are hereby repealed.
SECTION IX EFFECTIVE DATE
This ordinance shall take effect thirty days after publication upon adoption. Mark Miller, Clerk Charter Township of Kalamazoo 1720 Riverview Drive Kalamazoo, MI 49004 269-381-8080 www.ktwp.org
Ord. No. 559 - MEDICAL MARIHUANA PREMISES LICENSING
Adopted: June 13, 2011
An Ordinance to regulate and license certain aspects of medical marihuana cultivation, storage, distribution and use and to provide sanctions for violation of this Ordinance.
THE CHARTER TOWNSHIP OF KALAMAZOO, KALAMAZOO COUNTY, MICHIGAN, ORDAINS:
559.001 - Title.
This Ordinance shall be known and cited as the Charter Township of Kalamazoo Medical Marihuana Premises Licensing Ordinance.
559.002 - Intent.
It is the intent of this Ordinance to give effect to the intent of the Michigan Medical Marihuana Act, P.A. 2008 Initiated Law, MCL 333.26421 et seq. (hereinafter "Act") as approved by the electors and not to determine and establish an altered policy with regard to marihuana. This Ordinance is designed to recognize the fundamental intent of the Act to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, storage, distribution and use of marihuana for medical purposes; and to regulate this fundamental intent in a manner that does not conflict with the Act so as to address issues that would otherwise expose the Township and its residents to significant adverse conditions. Nothing in this Ordinance shall be construed as allowing persons to engage in conduct that endangers others or causes a public nuisance, or to allow the use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the Act and this Ordinance; and nothing in this Ordinance shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the cultivation, storage, distribution or use of marihuana. A fuller statement of the intent of this Ordinance and findings of fact supporting the same are set forth in the Resolution by which this Ordinance was adopted, a copy of which resolution is on file with the Township Clerk.
559.003 - Definitions.
The following definitions shall apply for purposes of this Ordinance:
A. "Dispensary" means any operation where marihuana is distributed to a qualifying patient by someone other than his or her designated primary caregiver.
B. "Marihuana" means all parts of the plant Cannabis sativa L. growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
C. "Michigan Medical Marihuana Act" or "Act" means the Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq.
D. "Primary caregiver" means a person as defined under MCL 333.26423(g) of the Act, who is at least 21 years old, who has agreed to assist with a patient's medical use of marihuana, who has never been convicted of a felony involving illegal drugs and who has been issued and possesses a Registry Identification Card under the Act. Page 255 of 334
E. "Qualifying patient" means a person as defined under MCL 333.26423(h) of the Act, who has been diagnosed by a physician as having a debilitating medical condition and who has been issued and possesses a Registry Identification Card under the Act.
F. "Registry Identification Card" means the document defined as such under MCL 333.26423(i) of the Act and which is issued by the State of Michigan to identify a person as a registered qualifying patient or registered primary caregiver.
G. "Collective ingestion facility" means a facility that allows multiple qualifying patients to consume or ingest medical marihuana upon the premises. This term does not encompass (1) a primary caregiver facility at which medical marihuana is consumed or ingested on the premises solely by the designated qualifying patient(s) of the primary caregiver operating within the facility or (2) the consumption or ingestion of medical marihuana by a qualifying patient at his/her residence or at a hospital or hospice at which the qualifying patient is receiving care.
559.004 - Regulations.
A. License requirement.
1. [Cultivation, storage and/or distribution.] The cultivation, storage, and/or distribution of marihuana by a primary caregiver conducted in accordance with the Act shall be permitted as provided herein. Except as set forth in 559.006, no such cultivation, storage and/or distribution shall be lawful in this Township unless and until the location of the premises in which such primary caregiver activity is conducted has been licensed under this Ordinance.
2. Application for license. The requirement of this Ordinance is to license a location and not to license persons. A confidential application for a license under this Ordinance, on a form approved by the Township Board, shall be submitted to the Township officer or employee designated by the Township Board as the Medical Marihuana Officer of the Township. An application shall:
a. Not require the name, home address or date of birth of a qualifying patient or primary caregiver.
b. Include the address of the premises (lot, parcel or site condominium unit) requested to be licensed.
c. Describe the enclosed, locked facility in which any and all cultivation of marihuana is proposed to occur or where marihuana will be stored, with such description including the location of the facility in the building.
d. For safety and other code inspection purposes, it shall describe and provide detailed specifications of all lights and other equipment proposed to be used to facilitate the cultivation and harvesting of marihuana plants.
e. Contain such other information as the Township Board determines is needed to ascertain satisfaction of the standards for the granting of a license hereunder.
3. License fee. No application for a license hereunder shall be approved without payment of an application fee to help defer a portion of the cost of administering and enforcing this Ordinance. The application fee shall be set by resolution of the Township Board and may be adjusted from time to time thereafter as the Township Board deems appropriate.
4. Term of license. Licenses issued hereunder prior to December 31, 2012, shall expire as of that date. Licenses (and license renewals) issued thereafter shall expire on December 31 of the year they are issued.
5. Confidentiality. It is the intent of this Ordinance that the information acquired through the licensing procedure prescribed herein shall be accessible to Township ordinance and law enforcement officials and their support personnel in the performance of their duties and shall otherwise remain confidential and not subject to public disclosure.
B. Requirements and standards for approval of license and for the activity permitted.
1. There shall be no more than one primary caregiver operating upon the lot, parcel or site condominium unit being licensed.
2. The lot, parcel or site condominium unit being licensed shall not be located:
a. Within 1,000 feet of a public or private elementary or secondary school or a public or private college, junior college, or university. This separation requirement shall not be deemed to apply to sites where instructional activity is limited to continuing education programs for professionals.
b. Within 300 feet of a public park (not including park recreational trail ways).
c. Within 500 feet of another lot, parcel or site condominium unit licensed hereunder. Measurements for purposes of this subsection shall be made from parcel/lot/site condominium unit boundary to parcel/lot/site condominium unit boundary.
3. Subject to the exceptions set forth in Section VI [31.006], the cultivation of marihuana within a multiple dwelling as defined in the Kalamazoo Charter Township Zoning Ordinance is prohibited.
4. If a residential room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 10:00 p.m. and 6:00 a.m. shall employ shielding methods to prevent ambient light spillage that causes or creates a distraction or nuisance to any adjacent residential properties.
5. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of a premises in which electrical wiring, lighting and/or watering devices are located, installed or modified that support the cultivation or harvesting of marihuana. Prior to a license issued hereunder taking effect and the commencement of primary caregiver activities, the premises shall be inspected for compliance with the Michigan Construction Code and the Kalamazoo Charter Township Uniform Fire Code Ordinance as they may from time to time be amended and/or updated.
6. There shall be no sign identifying the premises as a site at which marihuana is cultivated, harvested or distributed.
7. The primary caregiver activities conducted on the licensed premises shall be in compliance with the Act and the administrative rules promulgated pursuant to the Act.
8. Nothing in this Ordinance shall be deemed to allow dispensaries or collective ingestion facilities, which are hereby strictly prohibited.
559.005 - Disclaimer of immunity.
Nothing in this Ordinance shall be construed as allowing the use, cultivation, distribution or possession of marihuana not in strict compliance with the express provisions of the Act and this Ordinance. Further, nothing in this Ordinance shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the use, cultivation, distribution or possession of marihuana or to prevent prosecution thereunder.
559.006 - Exceptions.
This Ordinance shall not be deemed to prohibit or restrict or require the licensing of the following:
A. The cultivation, storage and/or use of marihuana by a qualifying patient solely for his/her personal use at his/her residence or at a hospital or hospice at which he/she is receiving care and in accordance with the provisions of the Act and the administrative rules adopted thereunder.
B. The cultivation, storage and/or distribution of marihuana in accordance with the Act by a primary caregiver solely to provide services to not more than one qualifying patient who is a member of the primary caregiver's household and whose residence is shared with the primary caregiver.
C. The provision of assistance to a qualifying patient by his/her designated primary caregiver relating to medical marihuana use, including distribution or other assistance, in accordance with the Act and the administrative rules adopted thereunder, at the residence of the qualifying patient or at a hospital or hospice at which the qualifying patient is receiving care.
D. The cultivation, storage and/or distribution of marihuana by not more than one primary caregiver in accordance with the Act and the administrative rules adopted thereunder within a building previously registered with the Kalamazoo Charter Township Police Department pursuant to Kalamazoo Charter Township Ordinance No. 555 [former Part 31]. This exception shall only be in effect for six months from the effective date of this ordinance, by which time such use of the building shall cease unless the use satisfies all of the requirements of this Ordinance. Additionally, those previously registered primary caregivers that are licensed within the six month period set forth above shall be exempt from the separation limitation under Section IV.B.2.c [31.004B.2.c.] of the Ordinance.
559.007 - Sanctions.
Any person, firm, association, partnership, corporation or entity that violates any of the provisions of this Ordinance or that falsifies or violates any of the representations set forth in the license application submitted pursuant to this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan statute, which shall be punishable by a civil fine determined in accordance with the following schedule:
Additionally, the violator shall pay costs, which may include all expenses, direct and indirect, to which Kalamazoo Charter Township has been put in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 be ordered. In addition, the Township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that violation of this Ordinance continues to exist shall constitute a separate violation of this Ordinance.
559.008 - Severability.
The provisions of this Ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason, by any court of competent jurisdiction, it shall not affect any portion of the Ordinance other than said part or portion thereof.
559.009 - Repeal.
All ordinances or parts of ordinances in conflict herewith are hereby repealed. The moratorium and prohibition imposed under Kalamazoo Charter Township Ordinance No. 555 shall expire and cease to have any legal effect upon this Ordinance taking effect.
559.010 - Effective date.
This Ordinance shall take effect immediately following publication after adoption.