Draft 3/10/15 SDC/BCB GEORGETOWN CHARTER TOWNSHIP OTTAWA COUNTY, MICHIGAN (Ordinance No. 2015-04) At a regular meeting of the Township Board for the Charter Township of Georgetown, held at the Township Offices on, 2015, the following Ordinance/ordinance amendment was offered for adoption by Township Board Member, and was seconded by Township Board Member : AN ORDINANCE TO AMEND THE GEORGETOWN CHARTER TOWNSHIP ZONING ORDINANCE TO ADD A NEW DEFINITION (SECTION 2.66a) REGARDING MEDICAL MARIHUANA DISPENSARIES TO CHAPTER 2 ( DEFINITIONS ) OF THE ZONING ORDINANCE; AND TO ADD A NEW AND ADDITIONAL SECTION 3.30 (ENTITLED PROHIBITION ON MEDICAL MARIHUANA DISPENSARIES ) TO THE ZONING ORDINANCE THE CHARTER TOWNSHIP OF GEORGETOWN (the Township ) ORDAINS: Article I. A new and additional definition entitled Medical Marihuana Dispensary is hereby added as Section 2.66a to Chapter 2 (the Definitions chapter) of the Georgetown Charter Township Zoning Ordinance, as amended, to read as follows: Section 2.66a: Medical Marihuana Dispensary: Any business, facility, association, cooperative, location, or operation, whether fixed or mobile, where medical marihuana (also commonly known as marijuana or cannabis) is made available to, sold, grown, processed, delivered, or distributed by or to one or more of the following: 1. A primary caregiver (as defined by Michigan Initiated Law 1 of 2008, as amended, being MCL 333.26421 et seq., as amended). 2. A qualifying patient (as defined by Initiated Law 1 of 2008, as amended, being MCL 333.26421 et seq., as amended). 3. Members of the public. A medical marihuana dispensary shall also include any place, location, facility, or operation, whether fixed or mobile, where medical marihuana is smoked or consumed where either three or more persons are present and smoking or consuming medical marihuana or such medical marihuana smoking or consumption is occurring on the property of a business, association, cooperative, or commercial operation or facility. {11485-004-00038949.1}
A medical marihuana dispensary shall not include the lawful dispensation of medical marihuana by a primary caregiver personally dispensing to not more than five (5) qualified patients (as defined by Michigan Initiated Law 1 of 2008, as amended, being MCL 333.26421 et seq., as amended) so long as the primary caregiver personally delivers the lawful amount of medical marihuana to the qualifying patient where the qualifying patient resides and it is done in full compliance with not only this Ordinance and any other applicable Georgetown Charter Township ordinances, but also all applicable Michigan and federal laws and regulations. Article II. A new and additional Section 3.30 entitled Prohibition on Medical Marihuana Dispensaries is hereby added to Chapter 3 ( General Provisions ) of the Georgetown Charter Township Zoning Ordinance, as amended, to read as follows: Section 3.30 Prohibition on Medical Marihuana Dispensaries No medical marihuana dispensary shall be commenced, conducted, operated, or utilized in any zoning district or on or from any property within the Township. Furthermore, no person shall frequent, patronize, or obtain or purchase any marihuana from any medical marihuana dispensary within the Township. Article III. Except as specified above, the balance of the Georgetown Charter Township Zoning Ordinance, as amended, shall remain unchanged and in full force and effect. Article IV. Severability. In the event that any one or more sections, provisions, phrases, or words of this Ordinance/ordinance amendment shall be found to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity or the enforceability of the remaining sections, provisions, phrases, or other words of this Ordinance/ordinance amendment, and the balance of this Ordinance/ordinance amendment shall remain unchanged and in full force and effect. Article V. Effective Date. This Ordinance/ordinance amendment shall become effective upon the expiration of seven (7) days after the date this Ordinance/ordinance amendment or a summary thereof appears in the newspaper as provided by law. The vote in favor of this ordinance/ordinance amendment was as follows: YEAS: NAYS: ABSENT/ABSTAIN: ORDINANCE/ORDINANCE AMENDMENT DECLARED ADOPTED. 2
CERTIFICATION I hereby certify that the above is a true copy of an Ordinance/ordinance amendment adopted by the Township Board for Georgetown Charter Township at the time, date, and place specified above pursuant to the required statutory procedures. Respectfully submitted, By Richard VanderKlok Georgetown Charter Township Clerk 3
MEMORANDUM OF UNDERSTANDING FOR MAINTENANCE AND OPERATION OF FLOATING BARRIER FREE KAYAK AND CANOE LAUNCH FACILITIES Georgetown Charter Township (a Michigan charter township located in Ottawa County) and Holland Charter Township (a Michigan charter township located in Ottawa County) hereby agree to mutually collaborate and share each Township s labor and equipment for routine and seasonal maintenance and operation of each Township s floating barrier free kayak and canoe launch facilities. Georgetown and Holland Charter Townships agree to the following provisions for these collaborative and shared maintenance and operation activities. 1. Routine Maintenance and Operations. The Townships will collaborate and share, on an as needed basis, each other s labor and equipment associated with keeping each Township s kayak and canoe launch facility in good operating condition, such as periodic cleaning, power washing, mechanical adjustments and minor repairs. 2. Seasonal Maintenance and Operations. The Townships will collaborate and share each other s labor and equipment associated with the fall season removal and storage and spring season in-water placement of each Township s kayak and canoe launch facility, including any necessary mechanical adjustments and minor repairs. 3. The Townships intend to provide these maintenance and operation support services for and with each other by means of a generally balanced arrangement, assisting each other with manpower and equipment as needed and in particular to assist each other with seasonal fall removal and spring in-water placement activities. 4. The Superintendent/Manager or his or her designee of each Township will have responsibility or authority to initiate the shared maintenance and operation activities described in this M.O.U. Each Township Superintendent/Manager may request a joint meeting as needed to discuss and deal with operational questions, implementation and timing, and related administration, oversight and cost of these shared activities. 5. Generally under this M.O.U., each Township will be responsible for the cost of its labor and equipment provided for the shared maintenance and operation services. If the cost of routine and/or seasonal maintenance and operation services is disproportional between the Townships, as mutually determined by the Superintendents/Managers, then such costs will be reimbursed to the appropriate service providing Township as mutually determined. Acceptance of Memorandum of Understanding Georgetown Charter Township 1
By authority of the Georgetown Charter Township Board of Trustees in an affirmative motion on, 2015, the Georgetown Charter Township Superintendent is hereby authorized to accept the terms of the Maintenance and Operation Memorandum of Understanding subject to the Floating Barrier Free Kayak and Canoe Launch project s overall capital financing efforts, including grant applications, Township funds and/or private funds raised for the project, to provide sufficient funding to proceed with actual construction of the project. Daniel Carlton, Superintendent Date Georgetown Charter Township 1515 Baldwin Street P.O. 769 Jenison. MI 49429-0769 Acceptance of Memorandum of Understanding Holland Charter Township By authority of the Holland Charter Township Board of Trustees in an affirmative motion on, 2015, the Holland Charter Township Superintendent is hereby authorized to accept the terms of the Maintenance and Operation Memorandum of Understanding subject to the Floating Barrier Free Kayak and Canoe Launch project s overall capital financing efforts, including grant applications, Township funds and/or private funds raised for the project, to provide sufficient funding to proceed with actual construction of the project. Donald Komejan, Superintendent Date Holland Charter Township 353 N. 120 th Avenue P.O. Box 8127 Holland, MI 49422-8127 2