REGULAR MEETING CEDAR SPRINGS CITY COUNCIL AGENDA …...Aug 13, 2020 · It is hereby certified that the foregoing Ordinance was adopted by the City Council for the City of Cedar

08-13-2020 City Council Agenda Page 1 of 3

REGULAR MEETING CEDAR SPRINGS CITY COUNCIL

AGENDA

Thursday, August 13, 2020

7:00 p.m. Meeting

Cedar Springs City Hall

66 S. Main St. Cedar Springs, Michigan

1. Call to order and Pledge of Allegiance. 2. ROLL CALL: Ms. Lisa Atchison _____ Mrs. Pamela Conley, Mayor Pro Tem Mr. Jerry Gross Sr. _____ Mrs. Molly Nixon _____ Ms. Rose Powell _____ Mrs. Renee Race Mr. Gerald Hall, Mayor _____ 3. PUBLIC COMMENTS. The Council welcomes and encourages the public to speak during the public

comment and public hearing portions of the agenda. However, Council policy is to hear the public comment, not to act on the public comment at this time. Concerns brought before the Council during the Public Comment portion of the agenda will be referred to the City Manager for action. If, after communicating with the City Manager, no resolution is reached, the concern will be elevated to the Mayor and then eventually to the Council for action.

Those citizens wishing to speak on agenda and non-agenda items will be allowed a

maximum of four minutes each to address their concerns. This is the only time during the Council meeting that citizens are allowed to address the Council. Please state your name and address for the record if you would like.


4. PUBLIC HEARINGS.

A. 5. ADOPTION OF AGENDA. 6. CONSENT AGENDA. Councilmembers may request that any or all items be removed from the Consent

Agenda. A motion is then in order to adopt all items not removed from the Consent Agenda. Requesting the removal of an item from the Consent Agenda is a prerogative afforded each councilmember and does not require the support of other councilmembers.

A. Approval of the minutes of the Regular Meeting July 09, 2020.

B. Approval of the Checks Paid Prior #s 43264 thru 43355 and Electronic Transfers

totaling $494,921.44.

C. Motion to waive delinquent utilities at 17 N Main Street in the amount of $421.82.

D. Motion to approve of the $7,000.00 annual disbursement to NKCE (formerly Cedar Springs Area Parks and Recreation) (2020-2021 Fiscal Year).

E. Motion to approve city policy on MDOT Specific Services Signing (also known as Logo Signing) for businesses in the City of Cedar Springs.

a. Existing signage 7. ACTION ITEMS:

A. 8. DISCUSSION ITEMS:

A. Discussion on allowing Main Street Restaurants in the B-2 Zoning district to “reserve” on-street parking spots for short-term takeaway parking only.

a. https://www.myparkingsign.com/portable-rolling-cone-base-sign-holder-58-inch-pole/sku-k-roll-1087?engine=googlebase&keyword=&skuid=K-Roll-1087-K-Roll-1087&gclid=EAIaIQobChMI7cXukfn-6gIVh8DACh2aAAtTEAQYAiABEgLne_D_BwE

b. https://www.signsdirect.com/Tipn-Roll-Portable-Sign-Pole/X-Large-Rolling-Sign-Base.html

Motion to approve of the City’s “take away” parking and signage policy.

B. New Cedar Springs firework ordinance a. MML Info on fireworks

https://www.myparkingsign.com/portable-rolling-cone-base-sign-holder-58-inch-pole/sku-k-roll-1087?engine=googlebase&keyword=&skuid=K-Roll-1087-K-Roll-1087&gclid=EAIaIQobChMI7cXukfn-6gIVh8DACh2aAAtTEAQYAiABEgLne_D_BwEhttps://www.myparkingsign.com/portable-rolling-cone-base-sign-holder-58-inch-pole/sku-k-roll-1087?engine=googlebase&keyword=&skuid=K-Roll-1087-K-Roll-1087&gclid=EAIaIQobChMI7cXukfn-6gIVh8DACh2aAAtTEAQYAiABEgLne_D_BwEhttps://www.myparkingsign.com/portable-rolling-cone-base-sign-holder-58-inch-pole/sku-k-roll-1087?engine=googlebase&keyword=&skuid=K-Roll-1087-K-Roll-1087&gclid=EAIaIQobChMI7cXukfn-6gIVh8DACh2aAAtTEAQYAiABEgLne_D_BwEhttps://www.myparkingsign.com/portable-rolling-cone-base-sign-holder-58-inch-pole/sku-k-roll-1087?engine=googlebase&keyword=&skuid=K-Roll-1087-K-Roll-1087&gclid=EAIaIQobChMI7cXukfn-6gIVh8DACh2aAAtTEAQYAiABEgLne_D_BwEhttps://www.signsdirect.com/Tipn-Roll-Portable-Sign-Pole/X-Large-Rolling-Sign-Base.htmlhttps://www.signsdirect.com/Tipn-Roll-Portable-Sign-Pole/X-Large-Rolling-Sign-Base.html


b. Cedar Springs current fireworks ordinance C. Temporary Business Licenses-Fireworks

a. CM Memo December 2017 on Temporary Businesses Ordinance 193 b. CM 2020 Temporary Business Memo

D. Cedar Springs Medical Marihuana Draft Ordinances a. MRA article-possible removal of the medical marihuana license

requirement in November 2020 9. COMMUNICATIONS:

A. Fire Station recorded easement B. Mission Point Health Services

10. DEPARTMENT REPORTS: A. City Manager. B. Department of Public Works. a. Infrastructure Alternative’s operational and maintenance report. C. Police Department D. Fire Department. E. City Clerk. F. Finance Director/Treasurer. a. Cash Summary Report. b. Revenue/Expenditure Report. c. Balance Sheet G. Code Enforcement. H. Building Inspection. I. Board and Commission Minutes:

a. 11. COUNCIL COMMENTS. 12. ADJOURNMENT.

CHECK REGISTER FOR CITY OF CEDAR SPRINGS 1/2Page: 08/03/2020 11:21 AMUser: DARLADB: Cedar Springs

CHECK DATE FROM 07/01/2020 - 07/31/2020

AmountVendor NameCheckCheck Date

Bank Ind#1 General Checking - Independent Bank

361.36 AUTO VALUE4326407/09/2020136.90 BARBER CREEK SAND & GRAVEL INC4326507/09/2020259.20 CEDAR SPRINGS POST, INC.4326607/09/2020

3,105.76 CONSUMERS ENERGY4326707/09/202035.65 DEBORAH DEGROOT4326807/09/202041.73 DTE ENERGY4326907/09/2020701.14 FERGUSON WATERWORKS #33864327007/09/2020

V48.25 INTEGRATED BUSINESS TECHNOLOGY INC4327107/09/2020502.50 KENT COUNTY TREASURER4327207/09/202018.52 MARTY FRASER4327307/09/2020338.55 NORTH CENTRAL LAB. OF WI. INC.4327407/09/2020364.69 NORTHWEST KENT MECHANICAL4327507/09/202086.00 NYE UNIFORM COMPANY4327607/09/2020

176,691.71 ORION CONSTRUCTION4327707/09/2020622.00 RADARSIGN4327807/09/2020

7,160.00 RICHLAND MACHINE & PUMP CO4327907/09/20202,337.50 ROWE PROFESSIONAL SERVICES COMPANY4328007/09/2020

548.44 USA BLUE BOOK4328107/09/2020126.36 WHITE CREEK LUMBER AND HRDW.4328207/09/202030.19 SHANDELL NAPIERALSKI4328307/09/202048.25 INTEGRITY BUSINESS SOLUTIONS, LLC4328407/09/2020175.00 KENT COUNTY TREASURER4328507/09/2020626.78 ACCESS ONE, INC4328607/09/202070.38 APPLIED IMAGING4328707/09/2020

2,388.00 ARCHIVE SOCIAL4328807/09/20202,250.00 GRAND RAPIDS CHARTER TOWNSHIP4328907/09/20209,617.00 INFRASTRUCTURE ALTERNATIVES4329007/09/2020

661.49 KENT COUNTY TREASURER4329107/09/202039,102.16 MML LIABILITY & PROPERTY POOL4329207/09/2020

220.00 NUQ NETWORKS, LLC.4329307/09/20201,000.00 PITNEY BOWES RESERVE ACCOUNT4329407/09/2020

104.99 SPECTRUM4329507/09/2020500.00 MAUREEN MC CONNELL4329607/09/2020

2,631.00 BLOOM, SLUGGETT, MORGAN4329707/15/2020903.62 CARDMEMBER SERVICE4329807/15/2020308.22 CITY OF GRAND RAPIDS4329907/15/2020

5,564.52 RS TECHNICAL SERVICES, INC.4330007/15/20203,342.75 USA BLUE BOOK4330107/15/2020

600.00 WRIGHT TREE REMOVAL STUMP GRINDING 4330207/15/202016.95 AQUA FLOW WATER SYSTEMS4330307/15/2020

1,360.00 DUBOIS-COOPER ASSOC., INC4330407/15/2020624.00 ELHORN ENGINEERING COMPANY4330507/15/202013.80 KENT EQUIPMENT4330607/15/202020.00 MARTY FRASER4330707/15/2020

2,644.22 MENARDS4330807/15/202058.18 NORTHWEST KENT MECHANICAL4330907/15/2020345.00 SHOOK ASPHALT CO.4331007/15/202085.00 SPLASH IRRIGATION, INC4331107/15/2020185.00 US BANK EQUIPMENT FINANCE4331207/15/2020350.00 POSTMASTER4331307/16/2020

1,079.37 WEX BANK506(E)07/16/20206,874.62 CITY OF CEDAR SPRINGS4331407/22/20202,673.86 DOMINION VOTING4331507/22/2020

144.00 KENT COUNTY HEALTH DEPT4331607/22/2020268.58 KENT COUNTY ROAD COMMISSION4331707/22/2020419.40 VERIZON WIRELESS4331807/22/202020.00 ARTHUR PROBST4331907/22/2020

1,860.75 CITY OF CEDAR SPRINGS4332007/22/20204,479.18 CONSUMERS ENERGY4332107/22/2020

474.89 DTE ENERGY4332207/22/2020105.00 ELECTIONSOURCE4332307/22/2020

2,592.00 FTC&H4332407/22/20202,332.96 INFRASTRUCTURE ALTERNATIVES4332507/22/2020

71.92 INTEGRITY BUSINESS SOLUTIONS, LLC4332607/22/202020.00 JOE JERNIGAN4332707/22/2020139.20 MUNICIPAL SUPPLY CO.4332807/22/202020.00 STACEY VELTING4332907/22/2020

2,593.00 MUNICIPAL EMPLOYEES RETIREMENT SYST507(E)07/22/20202,427.26 CEDAR SPRINGS PUBLIC LIBRARY4333007/23/2020

61,911.45 CEDAR SPRINGS PUBLIC SCHOOLS4333107/23/20204,834.80 GRAND RAPIDS COMMUNITY COLLEGE4333207/23/2020

35,341.88 KENT COUNTY TREASURER4333307/23/202021,950.40 KENT INTERMEDIATE SCHOOL DIST.4333407/23/202019,300.00 LIPE INDUSTRIAL SERVICES INC4333507/29/2020

61.66 AT&T4333607/29/2020142.05 AUTO VALUE4333707/29/2020383.78 COPIES PLUS PRINTING CO4333807/29/2020412.47 ELECTIONSOURCE4333907/29/2020

CHECK REGISTER FOR CITY OF CEDAR SPRINGS 2/2Page: 08/03/2020 11:21 AMUser: DARLADB: Cedar Springs

CHECK DATE FROM 07/01/2020 - 07/31/2020

AmountVendor NameCheckCheck Date

1,728.00 ELHORN ENGINEERING COMPANY4334007/29/2020301.30 FAMILY FARM AND HOME4334107/29/2020298.02 MODEL COVERALL SERVICE4334207/29/2020116.53 MUNICIPAL SUPPLY CO.4334307/29/2020237.97 PITNEY BOWES INC4334407/29/2020

6,097.62 SUEZ WATER TECHNOLOGIES4334507/29/2020388.22 VERIZON WIRELESS4334607/29/2020379.98 WHITE CREEK LUMBER AND HRDW.4334707/29/2020

4,193.40 KENT COUNTY TREASURER4334807/29/202014,866.17 KENT INTERMEDIATE SCHOOL DIST.4334907/29/202023,175.40 STATE OF MICHIGAN4335007/29/2020

23.82 CEDAR SPRINGS PUBLIC LIBRARY4335107/30/2020378.09 CEDAR SPRINGS PUBLIC SCHOOLS4335207/30/202047.89 GRAND RAPIDS COMMUNITY COLLEGE4335307/30/2020317.33 KENT COUNTY TREASURER4335407/30/2020152.71 KENT INTERMEDIATE SCHOOL DIST.4335507/30/2020

IND#1 TOTALS:

494,921.44 Total of 93 Disbursements:

48.25 Less 1 Void Checks:494,969.69 Total of 94 Checks:

Cedar Springs City Hall 7-30-2020 66 S. Main St. PO Box 310 Cedar Springs, MI 49319

City Policy on MDOT Specific Services Signing (also known as Logo Signing) and Tourist Oriented Directional Signs (TODS) for businesses in the City of

Cedar Springs.

The Michigan Department of Transportation operates two programs for allowing signage along freeways, state trunklines and other state roads. Those two programs, commonly know as Specific Services Signing (also known as Logo Signing) and Tourist Oriented Directional Signs (TODS) are to the benefit of local businesses and other tourist attractions by encouraging travelers to visit those local businesses and attractions. In adopting this policy, the City indicates its willingness and desire to both promote local businesses and also to limit the signage that may be permitted on City property, public property or in any easement or right of way areas.

It is the policy of the City of Cedar Springs that city staff shall work with local businesses and the State of Michigan to promote local businesses through the MDOT Specific Services Signing (also known as Logo Signing) and Tourist Oriented Directional Signs (TODS) programs and that the City shall undertake reasonable steps in its sole discretion to allow other standardized additional signage to be placed on City property, public property or in other easement or right of way areas in conjunction with or may be required by the MDOT programs. Currently, the Tourist Oriented Directional Signs (TODS) program is open to cultural, historical, recreational, educational, or commercial activities are eligible. Restaurants, hotels, campgrounds, bed and breakfasts, art galleries, amusement parks, golf courses, wineries, and farm markets have all participated in the program. The Specific Services Signing (also known as Logo Signing) is currently restricted to gas stations, restaurants, lodgings, campgrounds, pharmacies and attractions.

This policy shall be specifically used to promote Main St. businesses to visitors exiting from the US-131 highway area at or near to the corner of 17 Mile/Muskegon and Main St. by providing signage directing visitors towards the downtown central business area, but shall also be allowable in other areas on a case by case basis in the sole discretion of the City.

Sincerely,

____________________________________

Mike Womack City Manager City of Cedar Springs

66 S Main St, Cedar Springs, MI 49319 [email protected]

66 S. Main Street P.O. Box 310 Cedar Springs, Michigan 49319-0310 www.cityofcedarsprings.org

Phone 616.696.1330

http://www.cityofcedarsprings.org/

Cedar Springs City Hall 66 S. Main St. PO Box 310 8-10-2020 Cedar Springs, MI 49319 RE Main St. “Take-Away” Parking and Signage Policy

City Council,

With the ongoing COVID19 pandemic, restaurants have begun conducting significantly more curbside takeaway business than they did previously. This curbside business has become so important to their COVID19 business model that curbside parking space has taken on a whole new level of importance to such businesses. Also, with the anticipated increase in both foot traffic and vehicular traffic in the downtown area this year, I believe that it would be in the City’s best interest to allow any restaurant on Main St. that is offering a regular curbside takeaway food service to be allowed to “reserve” some existing parking spots on Main St., specifically directly in front of their stores fronts. Some things that would have to be resolved under this policy would be:

1. Location of signage- Probably only parking spots that are directly located in front of the store and not spots that are located in front of other store fronts.

2. Type of portable sign base-I have presented two options to Council to review but I am open to business input. I would like any participating businesses all use the same high-quality type of portable sign base.

3. Size of sign- I like the small “No Parking” type of sign which is generally a 12 inch wide by 18 inches tall sign.

4. Time Limits- The City currently allows parking on Main St. in 3-hour increments but the goal with this type of parking is to move on quickly. We could require that such signage indicate that it is 10 or 15 minutes parking only. However, I suspect that if somebody is respecting the sign itself, that there would likely be no need for a time limit.

5. The City technically would have the ability to ticket any person violating this policy under Sec. 36-91 but we would strongly prefer not to unless absolutely necessary.

I would ask that Council motion to approve of this “Take-Away” reserved parking and signage policy and allow the City Manager to approve of parking and signage on a case by case basis.

Sincerely,

____________________________________




Phone 616.696.1330


Michigan Municipal League І April 2019 1

Fireworks

Introduction The Fireworks Safety Act of 2012 made the sale, use, and possession of consumer fireworks legal in Michigan. Consumer fireworks are fireworks that are designed to produce visible and/or audible effects by combustion, such as firecrackers, Roman candles, and bottle rockets. (see photos on page 2). The seller of consumer fireworks must annually obtain a consumer fireworks certificate issued by the Department of Licensing and Regulatory Affairs.

2018 Amendments Authorizing More Local Government Control A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. The ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the following days after 11 a.m.:

• December 31 until 1 a.m. on January 1;

• The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days;

• June 29 to July 4 until 11:45 p.m. on each of those days;

• July 5, if that date is a Friday or Saturday, until 11:45 p.m.; and

• The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

An ordinance shall impose a civil fine of $1,000 for each violation and provide for the remittance of $500 of the fine to the local law enforcement agency responsible for enforcing the ordinance.

Display Fireworks

Cities, villages, and townships are responsible, under Michigan law (MCL 28.466), for issuing permits for display fireworks" and articles pyrotechnic (e.g. professional displays during concerts or shows). Fireworks application and permit forms are provided only to the city, village, or township (the local permitting authority), and are available only from the Michigan Department of Licensing and Regulatory Affairs (LARA) Bureau of Fire Services at (517) 241-0691.

No Burning Restrictions If the department of natural resources fire division elevates fire conditions to 1) extreme or 2) very high for 72 consecutive hours, the commanding fire officer of a city, village, township, or county, in consultation with the department, can enforce a no burning restriction that includes a ban on consumer fireworks. If instituted, the commanding fire officer shall ensure that adequate notice of the restriction is provided to the public; and, not more than 24 hours after the fire condition is downgraded, the commanding fire officer shall lift the restriction and inform the public in the same manner that the restriction was announced or made known to the public.

Temporary Structures Beginning August 1, 2019, local governments with a population of 100,000 or more or located in a county with a population of 750,000 or more may enact or enforce an ordinance that regulates the use of temporary structures. The ordinance may restrict the number of permits issued for a temporary structure; regulate the distance required between two or more temporary structures; or regulates the use of temporary structures as part of a zoning ordinance.

The ordinance may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure; “temporary structure” means a movable structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but not limited to, a tent or a stand.

Party Poppers

Snappers/ Drop Pops Snakes

Smoke Ball Sparkling Devices

Novelties

Fireworks in Michigan

Bottle Rockets/ Sky Rockets Firecrackers

Aerials

Single Tube Device with

Report

Roman Candles

Reloadable Shell DeviceMissile Type

Rockets

Helicopter/ Aerial Spinners

Ground Based or SparklingWheel

Devices

Smoke DevicesCylindricial

Handheld SparklersGround Sparkling

Devices

Ball & Disk

May Not Have More Than 500g of Explosive Mixture.

Square

Cone

Calif. Rocket

Sparklers &Sparkler Trees

Cylindrical

Smoke Cone

Calif. Smoke Candle

Cylindrical

Novelties are not regulated in Michigan.

Legal Consumer Fireworks

Legal Low Impact Fireworks

Questions Regarding Fireworks? www.michigan.gov/bfs

ORDINANCE NO. 2019 - 01

CITY OF ST. CLAIR

COUNTY OF ST. CLAIR, MICHIGAN

AN ORDINANCE OF THE CITY OF ST. CLAIR, ST. CLAIR COUNTY, MICHIGAN TO AMEND CHAPTER 30 “FIRE PREVENTION AND PROTECTION,” TO THE EXTENT PERMITTED BY THE MICHIGAN FIREWORKS SAFETY ACT, MCL SECTION 28.451 ET SEQ., AS AMENDED BY PUBLIC ACTS 634, 635 AND 636 OF 2018, BY ADDING ARTICLE V “FIREWORKS” TO REPLACE AND REPEAL SECTION 30-10 ET SEQ. THE CITY OF ST. CLAIR ORDAINS:

SECTION 1. AMENDMENT.

Chapter 30 is amended to replace and repeal Section 30-10 et seq. by adding Article V

“Fireworks” to read as follows:

ARTICLE V.—FIREWORKS

Sec. 30-100. Short Title. This ordinance shall be known as and may be cited as the “2019

Amendments to the Fireworks Ordinance.”

Sec. 30-101. Statement of Purpose. This is an ordinance to amend Chapter 30 of the City Code,

“Fireworks,” to the extent permitted by the Michigan Fireworks Safety Act, MCL Section 28.451

et seq., as has been amended by Public Acts 634, 635 and 636 of 2018.

Sec. 30-102. Definitions. As used in this section, the following terms shall be defined as follows:

(A) APA standard 87-1 means 2001 APA standards 87-1, Standard for the Construction

and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics,

published by the American Pyrotechnics Association of Bethesda, MD.

(B) Consumer fireworks means fireworks devices that are designed to comply with the

construction, chemical composition and labeling regulations promulgated by the United

States Consumer Protection Safety Commission under 16 CFR parts 1500 and 1507, and

that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks do not

include low-impact fireworks.

(C) Fireworks means any composition or device, except for a starting pistol, a flare gun,

or a flare, designed for the purpose of producing a visible or audible effect by combustion,

deflagration or detonation.

2

(D) Low impact fireworks means ground and handheld sparkling devices as that phrase is

defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8 and 3.5.

(E) Minor means an individual who is less than 18 years of age.

Sec. 30-103. Ignition, Discharge or Use of Consumer Fireworks.

A. Except as provided in this Section, a person shall not ignite, discharge, or use consumer

fireworks at any time.

B. A person may ignite, discharge, or use consumer fireworks on the following days during the

following hours:

1. Between 11:00 a.m. on December 31 and 1:00 a.m. on the immediately following January 1.

2. Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Memorial Day.

3. Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Memorial Day.

4. Between 11:00 a.m. and 11:45 p.m. on June 29, June 30, July 1, July 2, July 3 and July 4.

5. Between 11:00 a.m. and 11:45 p.m. on July 5, if that date is a Friday or a Saturday.

6. Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Labor Day.

7. Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Labor Day.

C. A minor shall not possess consumer fireworks

D. A violation of this Section is a civil infraction, punishable by a fine of $1,000.

Sec. 30-104. Ignition, Discharge or Use of Consumer Fireworks on Public Property, School Property, Church Property or the Property of Another Person. A. A person shall not ignite, discharge or use consumer fireworks on public property, school

property, church property, or the property of another person without that organization’s or person’s

express permission to use those fireworks on those premises.

B. A violation of this Section is a civil infraction, punishable by a fine of not more than $500.

Sec. 30-105. Ignition, Discharge, or Use of Consumer Fireworks While Under the Influence.

A. A person shall not ignite, discharge, or use consumer fireworks or low-impact fireworks while

under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor

and a controlled substance.

B. As used in this Section, “alcoholic liquor” means that term as defined in Section 1d of the

Michigan Vehicle Code, MCL 257.1d, as may be amended, and “controlled substance” means

3

that term as defined in Section 8b of the Michigan Vehicle Code, MCL 257.8b, as may be

amended.

C. A violation of this Section is a civil infraction, punishable by a fine of not more than $1,000.

Sec. 30-106. Determination of Violation; Seizure; Destruction; Storage Costs.

A. If a police officer determines that a violation of this Article has occurred, the Department may

seize the firework as evidence of the violation. The Department shall store, or cause to be stored,

the evidence seized under this Section pending disposition of any proceedings arising from the

violation.

B. Following a final disposition of an appeal of a finding of responsibility under this Article that

affirms the finding, the Department may dispose of or destroy any fireworks retained as evidence

in that proceeding.

C. A person from whom fireworks are seized under this Article shall pay the actual costs of

storage and disposal of the seized fireworks if found responsible for a violation of this Article.

SECTION 2. SEVERABILITY.

This Ordinance and each of the various parts, sections, subsections, sentences, phrases,

and clauses hereof are declared to be severable. If any part, section, subsection, sentence,

phrase, or clause is determined to be invalid or unenforceable by a court of competent jurisdiction,

it is hereby provided that the remainder of the Ordinance shall not be affected thereby and shall

remain in full force and effect.

SECTION 3. REPEAL OF ORDINANCES IN CONFLICT HEREWITH.

Any and all Ordinances of the City of St. Clair or any parts or provisions thereof, to the

extent that they are contrary to or inconsistent with the provisions of the within Ordinance, are

hereby expressly repealed.

SECTION 4. RATIFICATION.

All other provisions of the code of Ordinances of the City of St. Clair, Michigan except as

herein modified or amended are hereby expressly ratified and affirmed.

4

SECTION 5. PUBLICATION.

This Ordinance shall be published in accordance with the terms, provisions, and

requirements of the City Charter of the City of St. Clair, Michigan, and in accordance with and to

the extent required by the statutes of the State of Michigan.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall take immediate effect upon publication in accordance with the

provisions and requirements of the City Charter of the City of St. Clair.

ORDINANCE DECLARED ADOPTED.

________________________________ William Cedar, Jr., Mayor City of St. Clair, Michigan

CERTIFICATION The foregoing is a true and complete copy of an Ordinance adopted by the City Council of the City of St. Clair, County of St. Clair, State of Michigan, at a regular meeting of the City Council held on the 18th day of February, 2019, and public notice of said meeting was given pursuant to and in accordance with the requirements of Act No. 267 of the Public Acts of 1976, as amended, being the Open Meetings Act, and the minutes of said meeting have been or will be made available as required by said Act. Members Present: Mayor Cedar, Members Ellery, Kindsvater, LaPorte, McCartney, Watt Members Absent: Member Kuffa It was moved by Member LaPorte and supported by Member Kindsvater to adopt the Ordinance. Members voting yes: Ellery, Kindsvater, LaPorte, McCartney, Watt, Cedar Members voting no: None The Ordinance was declared adopted by the Mayor and has been recorded in the Ordinance Book of the City of St. Clair. ________________________________ Annette Sturdy, City Clerk City of St. Clair, Michigan INTRODUCED: February 4, 2019 ADOPTED: February 18, 2019 PUBLISHED: February 21, 2019 EFFECTIVE: February 21, 2019

ARTICLE IV. - FIREWORKS[3]

Footnotes:

--- (3) ---

Editor's note— Ord. No. 183, § 1, adopted Aug. 8, 2013, amended Art. IV in its entirety to read as set out herein. Former Art. IV, §§ 16-60—16-64, pertained to similar subject matter and derived from Ord. No. 177, § 1, adopted May 9, 2013.

Sec. 16-60. - Definitions.

As used in this article, the following definitions shall apply:

Act 256 means the Michigan Fireworks Safety Act, Act 256 of the Public Acts of Michigan of 2011 as amended from time to time.

Articles pyrotechnic means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as provided in Act 256.

Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition and labeling requirements promulgated by the United States Consumer Product Safety Commission and are identified as such in Act 256. Consumer fireworks do not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or deterioration and are identified as such in Act 256.

Fireworks means any composition or device, except for a starting pistol, a flare gun or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks and special effects.

Low-impact fireworks means ground and handheld sparkling devices as provided in Act 256.

Retailer means a person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.

Special effects means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production or live entertainment.

Wholesale means any person who sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. Wholesaler does not include a person who sells only display fireworks or special effects.

( Ord. No. 183, § 1, 8-8-2013)

Sec. 16-61. - Fireworks regulations.

(a) Sale of consumer fireworks. A retailer or other person may not sell consumer fireworks within the city unless such person has obtained and has in effect a valid consumer fireworks certificate issued by the Michigan Department of Licensing and Regulatory Affairs and otherwise complies with the

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requirements of Act 256 and any rules and regulations promulgated thereto included those related to storage.

(b) Sale of low-impact fireworks. A retailer or other person may not sell low-impact fireworks unless such person is actively registered, in accordance with Act 256, with the low-impact fireworks retail registry maintained by the Michigan Department of Licensing and Regulatory Affairs.

(c) Compliance with applicable ordinances and codes. Unless otherwise provided in this section, a retailer or wholesaler of fireworks located within the city must comply with the requirements of the city's zoning ordinance and building codes and regulations.

(d) Use of consumer fireworks. Except as otherwise provided in this article, a person may ignite, discharge or use consumer fireworks in the city on the day preceding, the day of, or the day after a national holiday consistent with Act 256.

(1) Consumer fireworks are not allowed between the hours of 1:00 a.m. and 8:00 a.m. as restricted by Public Act 65 of 2013.

(e) Firework safety. No person shall endanger the life, health or safety of any other person by the sale, use, possession, transport, display or discharge of any fireworks.

(f) Prohibition on or near certain property. No person shall, at any time, ignite, discharge, use or display, except under the terms and conditions of a permit issued to this section, any fireworks upon another person's property or within 15 feet of another person's property without such property owner's permission. No person shall, at any time, ignite, discharge, use or display, except under the terms and conditions of a permit issued pursuant to this section, any fireworks in a public street or right-of-way, a public park, school property or any other place of public assembly.

(g) Permits. Provided the applicable provisions of Act 256 are complied with, upon application in accordance with this section, the city may issue a nontransferable permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks or special effects manufactured for outdoor pest control or agricultural purposes or for public or private display. After a permit has been issued, the sale, possession or transportation of fireworks for the purposes described in the permit only may be made. A permit may not be issued to a person under 18 years of age. The issuance of a permit shall be based on the competency and qualifications of the operator of such fireworks as required by Act 256 and the time, place and safety aspects of the proposed use.

(h) Permit application. An application for a permit, on the form prescribed by the city, shall be made for use of fireworks requiring a permit at least 15 days in advance of such use.

(i) Permit fee. The fee for a fireworks permit as established from time to time by the city council shall accompany the application for a permit.

(j) Proof of financial responsibility. In order to receive a permit for articles pyrotechnic or a display fireworks use, the applicant shall furnish proof of financial responsibility by a bond or insurance in an amount, character, and form deemed necessary by the city manager or his/her designee to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the applicant or an agent or employee of the applicant, and to protect the public.

(k) Resident agent. A permit shall not be issued to a nonresident person, firm or corporation for articles pyrotechnic or display fireworks until the person, firm or corporation has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person, firm or corporation may be served.

(l) Storage of fireworks. The storage of fireworks by retailers and wholesalers shall at all times be in compliance with the requirements of Act 256.

(m) Scope. In the event of any direct conflict between the Fire Code, 2006 Edition, as adopted and amended in article II of this chapter, and this article regarding fireworks regulation, this article shall control.

( Ord. No. 183, § 1, 8-8-2013)

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Sec. 16-62. - Misdemeanors.

(a) A violation of any provisions of this article shall be a misdemeanor punishable in accordance with this Code.

(b) Permitting, allowing, encouraging or promoting any violation of any provision of this article, including any owner, manager, employee, patron, customer, officer, partner or other person shall be a misdemeanor punishable in accordance with this Code.

(c) Aiding, assisting or abetting the violation of any provision of this article shall also constitute a misdemeanor punishable in accordance with this Code.

( Ord. No. 183, § 1, 8-8-2013)

Sec. 16-63. - Injunctive relief.

If a person threatens to violate, has violated or continues to violate any provision of this article, the city may petition the Kent County Circuit Court or other court of competent jurisdiction for injunctive relief restraining the person from activities that would violate this article.

( Ord. No. 183, § 1, 8-8-2013)

Sec. 16-64. - Remedies not exclusive.

The remedies listed in this article are not exclusive of each other or of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city to seek cumulative remedies.

( Ord. No. 183, § 1, 8-8-2013)

Secs. 16-65—16-80. - Reserved.

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City Council 12-07-17

Cedar Springs

66 N. Main St.

Cedar Springs, MI 49319

RE: Interpretation of Ordinance 193

City Council,

The City was recently contacted by our codifying company, Municode, about the

interpretation of Ordinance 193 which was passed on or about October 15th, 2015. That

ordinance deals with door to door sales people and purports to replace the whole of

chapter 24 without individually replacing Articles II and III. Article II, PEDDLERS AND

SOLICITORS and Article III, TRANSIENT MERCHANTS have now both been

reclassified as “solicitors” which is defined broadly as “including those persons who call

themselves transient merchants, canvassers, hucksters, peddlers, or similar terms.”

After discussion with the City Attorney, it is his intention that Ordinance 193 combines

articles II and III into just one article which would then allow Municode to reserve the

other article as blank for future use. I write this memo to confirm that this reflects

Council’s interpretation also.

I have also taken the liberty in updating the numbering scheme to correct a scrivener's

error starting at section 24-24 through 24-30. I have also corrected another scrivener's

error in 24-28(n) (now 24-27(n)) to read “provisions of” instead of the original “provides

o.” (sic)

This ordinance also removes the concept of a “temporary business license” from the

law, which will likely be addressed seperately soon.

We will also be forced to address the subsequent Ordinance 194 which purported to

amend a section of this Chapter 24 which no longer makes sense due to the delay in

codification. This will also be addressed in the near future.

City Manager’s Office

I have attached a copy of Ordinance 194 with the interpreted changes highlighted in

yellow for your reference. If Council agrees with the interpretation and analysis of this

ordinance as set forth in this memo please support this interpretation and analysis via a

Motion to Approve so that we can forward this intepretation to Municode for proper

codification.

Sincerely,

____________________________________

Mike Womack City Manager

City of Cedar Springs

66 S Main St, Cedar Springs, MI 49319

(616) 696-1330 x104


Phone 616.696.1330 Fax 616.696.0202 TDD# 1.800.649.3777

Cedar Springs is an Equal Opportunity Provider and Employer


Cedar Springs City Hall 66 S. Main St. PO Box 310 7-22-2020 Cedar Springs, MI 49319 RE: Temporary Businesses

In 2015, the City Council passed Ordinance 193 which updated and replaced the concept of “temporary business” in the City with one that appears more focused on managing door to door sales, that ordinance is now enshrined as Chapter 24 of our ordinances entitled “Peddlers, Solicitors and Transient Merchants”. In December of 2017, I wrote a memo to Council indicating my then belief that this 2015 ordinance change eliminated the ability of the City to allow certain types of temporary businesses to operate, such as seasonal fireworks stores.

In Sec. 24-20 of that ordinance, solicitor, transient merchants, peddlers etc. are generally classified as “any person . . . traveling either by foot, vehicle, or by other means, from place to place, from house to house, from street to street, taking or attempting to take orders for the sale of goods.” However, nowhere in that ordinance does it indicate that a nonmoving temporary business would be permitted.

In Sec. 24-27, there are few indicators that suggest that no nonmoving temporary business ought to be allowed:

(c)No persons shall store or park a vehicle at the curb for the purpose of solicitation from a vehicle, nor shall any person establish a stand, booth or other place of business on any public street curb, sidewalk, public right-of-way or other public place. This subsection shall not be interpreted to prohibit parking for the purpose of making deliveries or for the purpose of consummating a business transaction with persons waiting at the curb, provided that the solicitor leaves the curb immediately after the deliveries or transactions are completed.

(d)No person shall operate or maintain any stand, structure, building or vehicle on or near to any public right-of-way for the service of customers or for solicitation in such a manner that requires customers to stand, occupy, or congregate within the public roadway.

The general tone of the whole ordinance is in discussion of a sales person working their way down a road and there is no discussion or mention of parking lots or other locations that a person might set up a nonmoving temporary business. Generally, similar to zoning laws, if something is not specifically mentioned regarding businesses, I tend to be of the belief that it was intended to not be permitted.

In our zoning Table of Uses, in each commercial district, “Outdoor display of merchandise” is permitted subject to Sec. 40-444(5). That subsection details how the City allows for outdoor display

of goods on Main Street in the B2 district and in the MU only, with no mention of the HC or other commercial districts.

The rest of Sec. 40-444 details the various instances where the City allows for temporary uses, none of which seem to envision temporary businesses.

The Zoning Ordinance also allows for the accessory use of properties in the commercial districts but I am not of the mind that allowing a second, unrelated temporary business meets the definition of “incidental and devoted exclusively to the main use of the land or building in the same lot”.

As you may already know, the City does currently have a fireworks store located in a permanent building on White Creek Ave. However, I suspect that business will sell their building and seek to instead come back on a temporary basis only in the future. Right now, I don’t believe the law allows for that type of temporary use so I would like to clarify and resolve that concern before we get into next year.

We can add clarifying language that specifically denies the ability of any nonmoving temporary business from setting up shop in town. We could add some language to the Peddlers and Solicitors ordinance which allows non-moving temporary businesses to operate under that same system or we could put together a whole new ordinance which lays out the specific rules to be applied to temporary businesses.

Additionally, I believe that parking can be an issue and concern surrounding these types of temporary businesses, probably one of the reasons that they generally only occur in the parking lots of “big box” stores with ample parking. We really should be undergoing either a minimum parking analysis or require some form of parking control be used for any permitted temporary businesses AND I think that temporary businesses should be paying a substantial fee for a license to operate due to the burdens that they put on the City and because they do not pay property taxes. During this past Independence Day, that fireworks building had a completely full parking lot with cars parked on the grass and vehicles stacked up on White Creek Ave., I believe that allowing it to operate at that location as a temporary business along with an operating marijuana business at the same time would overburden their existing parking and lead to chaos.

In any case, this is an issue that should be discussed and specific rules determined for the future. Even though I ultimately believe that these types of temporary businesses are an overall negative for the City, I believe an argument can be made that their existence might be a “necessary evil” in providing citizens with fireworks or other goods and services as are permitted under State law but we could also take the position that those types of temporary businesses could just as easily setup in a Township somewhere, i.e. at Meijer.

The City has separately passed ordinances which allow farmers markets, food trucks and non-profit food sales (lemonades stands girlscout/boyscout sales).

Sincerely,

____________________________________




Phone 616.696.1330


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CITY OF CEDAR SPRINGS KENT COUNTY, MICHIGAN

(Ordinance No. 2020 -___)

At a regular meeting of the City Council for the City of Cedar Springs held at City Hall on ______________, 2020 at _:__, the following Ordinance was offered for adoption by Council Member _________________and was seconded by Council Member ________________:

AN ORDINANCE TO REPEAL ORDINANCE NUMBER 213 ENTITLED “MARIHUANA ESTABLISHMENTS AND FACILITES;” TO AMEND CHAPTER 14, ARTICLE VIII, SECTION 14-450 ENTITLED “DEFINITIONS;” TO AMEND CHAPTER 22, ARTICLE I, SECTION 22-1 ENTITLED “DEFINITIONS;” TO REPEAL CHAPTER 22, ARTICLE IV, SECTION 22-71 ENTITLED “DRUG PARAPHERNALIA;” TO REPEAL CHAPTER 22, ARTICLE IV, SECTION 22-72 ENTITLED “POSSESSION OR USE OF MARIJUANA;” AND TO ENACT CHAPTER 5 ENTITLED “MARIHUANA” ALL IN THE CODE OF ORDINANCES FOR THE CITY OF CEDAR SPRINGS.

THE CITY OF CEDAR SPRINGS (“City”) ORDAINS:

Article 1. Repeal of Ordinance Number 213. Ordinance Number 213 of the City of Cedar Springs entitled “Marihuana Establishments and Facilities” is hereby repealed in its entirety. Article 2. Amendment of Chapter 14, Article VIII, Section 14-450. Chapter 14, Article VIII, Section 14-450 of the Code of Ordinances for the City of Cedar Springs entitled “Definitions” is hereby amended as follows:

• The word “marijuana” throughout Section 14-450 is replaced by the word “marihuana.”

[The remainder of Section 14-450 is unchanged.] Article 3. Amendment of Chapter 22, Article I, Section 22-1. Chapter 22, Article I, Section 22-1 of the Code of Ordinances for the City of Cedar Springs entitled “Definitions” is hereby amended as follows:

• The term “Drug paraphernalia” is deleted in its entirety. • The word “marijuana” throughout Section 22-1 is replaced by the word

“marihuana.” [The remainder of Section 22-1 is unchanged.]

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Article 4. Repeal of Chapter 22, Article IV, Section 22-71. Chapter 22, Article IV, Section 22-71 of the Code of Ordinances for the City of Cedar Springs entitled “Drug Paraphernalia” is hereby repealed in its entirety. Article 5. Repeal of Chapter 22, Article IV, Section 22-72. Chapter 22, Article IV, Section 22-72 of the Code of Ordinances for the City of Cedar Springs entitled “Possession or Use of Marijuana” is hereby repealed in its entirety. Article 6. Enacting Chapter 5. Chapter 5 of the Code of Ordinance for the City of Cedar Springs entitled “Marihuana” is hereby enacted and reads in its entirety as follows:

Chapter 5 – MARIHUANA ARTICLE I – MEDICAL MARIHUANA FACILITIES. Sec. 1. – General.

The City finds that it is in the public interest to permit the operation of medical marihuana facilities within its boundaries as permitted by law pursuant to PA 281 of 2016, the Michigan Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.) as amended, for a limited duration to provide the opportunity for the licensing and operation of marihuana establishments within its boundaries in accordance with IL 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

Sec. 2. – Purpose.

The purpose of this Article is to establish standards for the licensing and regulation of medical marihuana facilities. It is the City’s intent, subject to compliance with the terms of this Article, to allow the licensing and operation of medical marihuana facilities within its boundaries for a limited duration in order to:

(a) Promote the safe and regulated manufacturing, production, storage,

testing, transportation, and sale of marihuana;

(b) Provide safe access to marihuana for eligible consumers;

(c) Discourage the sale of unsafe or unlicensed marihuana products;

(d) Preserve and protect the health, safety, and welfare of City residents and the general public by minimizing the unsafe or unregulated manufacturing, production, storage, testing, transportation, and sale of marihuana;

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(e) Establish standards and procedures by which the licensing, operating, and maintaining of marihuana facilities are to be governed; and

(f) Provide opportunity for recreational marihuana establishment

licensing.

Sec. 3. – Definitions.

(a) Terms not defined in this Article are defined pursuant to PA 281 of 2016, the Michigan Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.), as amended.

(b) Terms not defined in this Article or in the Michigan Medical Marihuana Facilities Licensing Act are defined according to the state of Michigan marihuana regulatory rules as amended and promulgated by the State of Michigan Department of Licensing and Regulatory Affairs or its successor agency.

(c) For the purpose of this Article, the following definitions apply unless

the context clearly indicates or requires otherwise:

(1) “Act” means PA 281 of 2016, the Michigan Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.), as amended.

(2) “applicant” means a person or entity who applies for a City

license under this Article. If an entity applies for a license, then the term also includes an officer, director, or other agent of the entity when appropriate.

(3) “City” means the City of Cedar Springs and its agencies.

(4) “City license” or “license” means a license granted under this

Article.

(5) “Council” means the City Council.

(6) “Clerk” means the City Clerk.

(7) “facility” means a marihuana facility as defined in the Act.

(8) “marihuana” means marihuana as defined in the Act.

(9) “marihuana business” means both a marihuana facility as defined in the Act and a marihuana establishment as defined

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in IL 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(10) “premises” means the facility and its property, including but

not limited to, attached buildings, outbuildings, structures, parking lots, etc.

(11) “State” means the state of Michigan and its agencies.

(12) “State licensed marihuana facility” means any facility fully

licensed by the state of Michigan under the Act.

(13) “State operating license” means a license granted by the State of Michigan pursuant to the Act.

Sec. 4. – License Required.

(a) Operation of a facility requires a valid State operating license, City

license, and compliance with all City ordinances, Kent County regulations, State laws, State marihuana regulations, and the terms of City and State licensure.

(b) City licenses for the following type of facility can be granted for operation within the City: Provisioning Center - unlimited number of such licenses.

(c) Facilities without a valid City license are prohibited.

(d) Regardless of co-location, every marihuana business and operation

requires a separate City license.

(e) Regardless of license stacking, every marihuana business and operation with multiple State operating licenses requires the same number and type of corresponding City licenses.

(f) A City license is a revocable privilege granted by the City and is not a

property right. The application for or granting of a City license does not create or vest any right, title, franchise, or other property interest.

(g) A licensee or any other person shall not lease, pledge, borrow, or loan money against a license.

Sec. 5. – Licensing Requirements and Conditions

(a) No applicant that has done business or purported to do business

without first obtaining the required City and State licenses, permits,

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and approvals is eligible for licensing under this Article.

(b) Any facility licensed under this Article is subject to inspection, with or without notice, at any time, by the City Manager, the City Fire Chief, the City Code Enforcer, the City Police Chief, the County Sherriff, the Director of the Michigan State Police, or their designees.

(c) Facilities licensed under this Article must comply with all applicable rules, standards, laws, ordinances, codes, regulations, etc. promulgated by the City, the State, or any entity thereof.

(d) Each license issued under this Article is issued exclusively to a specific licensee for a specific location. Any attempt to transfer, sell, purchase, or otherwise convey any interest in a license is grounds for revocation of the license by the City. Any license that has been transferred, sold, purchased, or otherwise had any interest in it conveyed is void.

(e) A license must be physically displayed at the licensed facility in a manner clearly visible to the public.

(f) The issuance of a license under this Article is in addition to and not in lieu of any other license, permit, or approval required by the City, the State, or any entity thereof.

Sec. 6. – Time Limitation.

(a) Unless further legislative action is taken by the City Council, any license

issued under this Article, regardless of the date of issuance, will be deemed expired as of _____________, 2020. No license under this Article can be issued after ____________, 2020, and no license under this Article can be renewed after _________________, 2020.

(b) Unless further legislative action is taken by the City Council, any facility operating after ______________ is deemed to be operating unlawfully and without a valid license

Sec. 7. – Application.

(a) All applications for a license under this Article must be filed with the

City Clerk utilizing and complying with the City’s application form and processes.

(b) The application must be signed by the Applicant: by the individual if

an individual; by all partners if a partnership; by a managing member if a limited liability company; or by the president if a corporation.

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(c) No application for a license or the granting of a license can occur until

State licensing “pre-qualification” has first been obtained.

(d) No application for a license or the granting of a license can occur until all necessary zoning approvals have first been obtained.

(e) The applicant must provide the City with all information required by

the Act, this Article, and any other information reasonably deemed by the City to be required for the consideration of a license.

(f) Subject to the requirements of Section 6, all licenses expire 365 days from their date of issue.

(g) Subject to the requirements of Section 6, all licenses are subject to renewal by the City Clerk.

(h) All licensees under this Article must apply for a renewal of their license

between 30 to 60 days prior to the licenses expiring. Late applications will not be accepted.

Sec. 8. – City Clerk Duties:

(a) The City Clerk will establish written policies, criteria, processes, and

forms for the application and reapplication for a license under this Article.

(1) Such written policies, criteria, processes, and forms for the

application and reapplication of a license must be established no later than one year from the adoption of this Article and may be amended thereafter.

(2) No applications can be made, and no license can be granted under

this Article until such written policies, criteria, processes, and forms for the application and reapplication of a license have been established by the City Clerk.

(b) The City Clerk has broad authority, consistent with the terms of this

Article, to implement administrative policies and processes for the application and reapplication of licenses under this Article.

(c) The City Clerk’s authority includes, but is not limited to, the authority to designate specific application windows and require documents

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evidencing the applicant’s compliance with this Article and applicable State laws and regulations.

(d) The City Clerk is the approval authority for all license issued under this Article.

(e) Subject to subparagraphs (f) and (g) of this Section 8, the City Clerk must issue a license if after a due diligence investigation the City Clerk determines that (1) the application is complete (including all supplemental information) and all required fees have been paid in full; (2) the applicant fully complies with all applicable requirements of the Act, State marihuana regulatory rules, this Article, and City policies related to this Article; and (3) that the issuance of a license would not constitute a public nuisance or a danger to the health, safety, or general welfare of the public.

(f) The City Clerk can deny a license for any of the following reasons:

(1) Prior violations of the Act, State marihuana regulatory rules, this

Article, or City policies related to this Article; or (2) A prior suspension or revocation of a City license or State

operating license.

(g) No license can be issued if the City Clerk determines any of the following:

(1) The facility is not in full compliance with all zoning

requirements and approvals; (2) There was fraud or misrepresentation in the City or State

application process; or

(3) The applicant owes outstanding amounts to the City or any other governmental unit including but not limited to taxes, utilities, licensing fees, judgements, inspection fees, etc.

(h) Subject to subparagraphs (i) and (j) of this Section 8, the City Clerk

must renew a license if after a due diligence investigation the City Clerk determines that (1) the application is complete (including all supplemental information) and all fees have been paid in full; (2) the applicant fully complies with all applicable requirements of the Act, State marihuana regulatory rules, this Article, and City policies related to this Article; and (3) that the renewal of the license would not constitute a public nuisance or danger to the health, safety, or general welfare of the public.

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(i) The City Clerk can deny a license renewal for any of the following

reasons:

(1) Prior violations of the Act, State marihuana regulatory rules, this Article, or City policies related to this Article; or

(2) A prior suspension or revocation of a City license or State

operating license.

(j) No license can be renewed if the City Clerk determines any of the following:

(1) The facility is not in full compliance with all zoning


application or renewal process; or

(3) The Applicant owes outstanding amounts to the City or any other governmental unit including but not limited to taxes, utilities, licensing fees, judgements, inspection fees etc.

(k) The City Clerk must assess an initial non-refundable license

application fee in the amount set from time to time by resolution of the City Council. This fee must be paid in full at the time of application.

(l) Upon the granting of a license, the City Clerk must assess a nonrefundable licensing fee in the amount set from time to time by resolution of the City Council to cover the City’s costs of oversight, administration, and enforcement associated with the operation of the facility for the first year of licensure. This fee must be paid in full prior to the issuance of a license.

(m) The City Clerk must assess a non-refundable license renewal application fee in the amount set from time to time by resolution of the City Council. This fee must be paid in full at the time of application for renewal.

(n) Upon the granting of a license renewal, the City Clerk must assess a non- refundable license renewal fee in the amount set from time to time by resolution of the City Council to cover the City’s cost of renewal, oversight, administration, and enforcement associated with the operation of a facility for the next year of licensure. This fee must be

{06927-004-00108336.4} 9

paid in full prior to the renewal of a license.

(o) Upon the expiration of the applicable time in which an appeal under this Article may be made or upon a final determination by the City Council regarding an appeal, the City Clerk will notify the State of Michigan Department of Licensing and Regulatory Affairs of any suspension or revocation of a license.

Sec. 9. – Facility Restrictions:

(a) A facility can only be open to the public between the hours of 8:45 a.m.

and 9:15 p.m.

(b) Odor Control: A facility must prevent smoke, odor, debris, dust, fluids, and other substances relating to manufacturing, production, storage, testing, transportation, or sale of marihuana from exiting the facility.

(1) Whether smoke, odor, debris, dust, fluids, and other substances

relating to manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the facility will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

(2) Negative air pressure will be maintained inside the facility at

all times.

(c) Physical Security: During any time that the facility is closed to the public and no employee or agent of that Facility is physically present at the facility, all marihuana concentrate, marihuana infused product, marihuana not otherwise being cultivated, and currency above a de minimis amount must be stored in an enclosed locked room, vault, cabinet, or secure container.

(1) Such enclosed locked room, vault, cabinet, or secure container

will be a in restricted access area that is only accessible to specifically authorized agents.


must be located in an area separate from the public display area of any facility.

(3) Such enclosed locked room, vault, cabinet or secure container

must be designed and reinforced so as to prevent diversion, theft, or loss of the processed marihuana, marihuana products, and currency.

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(4) During any time that the facility is closed to the public and no employee or agent of that facility is present on site, the enclosed locked room, vault, cabinet, or secure container must remain securely locked and protected from unauthorized entry.

(5) The enclosed locked room, vault, cabinet, or secure container

must be equipped with an intrusion detection system designed to detect and alert to any attempt at unauthorized entry.


locks and security equipment must remain in good working and operational order at all times.

Sec. 10. – Suspension and Revocation:

(a) A license granted under this Article can be suspended or revoked at any

time by the City Manager or Code Enforcement Officer for any of the following reasons:

(1) Fraud or misrepresentation contained in the State license, City

license, City zoning, or other facility related applications; (2) Violation of the Act, the State marihuana regulatory rules, this

Article, City policies related to this Article, or terms of City or State licensure;

(3) Suspension or revocation of the facility’s State operating

license;

(4) Failure to comply with the City’s Zoning Ordinance;

(5) Criminal conduct related to the operation of the facility by the licensee, facility, or any agent thereof; or

(6) Operation of the facility in a manner that constitutes a public

nuisance or danger to the health, safety, or general welfare of the public.

(b) Prior to revoking a license, the City Manager or City Code Enforcer

must notify the licensee in writing of the City’s intent to revoke and allow the licensee 7 calendar days to submit written reasons as to why the license should not be revoked.

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Sec. 11. – Appeals:

(a) Appeal of any action under this Article must be made in writing to the City Council.

(b) The written appeal must be submitted to the City Clerk within 30 calendar days of the action being appealed and clearly state the legal and factual basis for the appeal. The City Clerk must promptly transmit the appeal to the City Council.

(c) All appeals must be accompanied by the appellate fee as set from time

to time by resolution of the City Council

(d) The City Council must appoint a hearing officer who will conduct a hearing on the matter. All relevant evidence will be admissible. The hearing officer will submit a recommendation in writing to the City Council.

(e) The City Council must review the recommendation of the hearing officer prior to rendering its decision. The City Council has the final authority over any appeal brought before it.

(f) No facility whose license has been denied, suspended, revoked, or is otherwise not valid is permitted to conduct business while an appeal is pending; however, such facility may continue to cultivate existing marihuana and preserve existing inventory so as to prevent spoilage or waste.

Sec. 12. – Violations and Penalties:

(a) Subject to subparagraph (b) of this Section 12, any applicant or

licensee who violates this Article is responsible for a municipal civil infraction and is subject to a civil fine not to exceed $500 for each violation plus any other costs permitted by law.

(b) Any person who attempts to or otherwise commits fraud or

misrepresentation in the application for a City license or operates a facility without a valid City license is guilty of a misdemeanor punishable by a fine not to exceed $500, reimbursement for the cost of prosecution, and/or imprisonment for a period of not more than 90 days.

(c) Nothing in this Article precludes the City from pursuing any other

remedies available at law or equity.

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ARTICLE II – RECREATIONAL / ADULT USE MARIHUANA ESTABLISHMENTS

Sec. 1. – General.

The City finds that it is in the public interest to allow the licensing and operation of marihuana establishments within its boundaries in accordance with IL 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act (MCLA 333.27951 et seq.), as amended.

Sec. 2. – Purpose.

The purpose of this Article is to establish standards for the licensing and regulation of marihuana establishments. It is the City’s intent, subject to compliance with the terms of this Article, to allow the licensing and operation of marihuana establishments within its boundaries in order to:

(a) Promote the safe and regulated manufacturing, production, storage, testing, transportation, and sale of recreational marihuana;

(b) Provide safe access to recreational marihuana for eligible consumers;

(c) Discourage the sale of unsafe or unlicensed marihuana products;

(d) Preserve and protect the health, safety, and welfare of City residents and the general public by minimizing the unsafe or unregulated manufacturing, production, storage, testing, transportation, and sale of marihuana; and

(e) Establish standards and procedures by which the licensing, operating, and maintaining of marihuana establishments are to be governed.

Sec. 3. – Definitions.

(a) Terms not defined in this Article are defined according to IL 1 of 2018,

the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended.

(b) Terms not defined in this Article or in the Michigan Regulation and Taxation of Marihuana Act (MCL 333.27951 et seq.), as amended. are defined according to the State marihuana regulatory rules as amended and promulgated by the state of Michigan Department of Licensing and Regulatory Affairs or its successor agency.

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(c) For the purpose of this Article, the following definitions apply unless the context clearly indicates or requires otherwise:

(1) “Act” means IL 1 of 2018, the Michigan Regulation and

Taxation of Marihuana Act (MCLA 333.27951, et seq.), as amended.

(2) “applicant” means a person or entity who applies for a license

under this Article. If an entity applies for a License the term includes an officer, director, or other agent of the entity when appropriate.

(3) “City” means the City of Cedar Springs and its agencies

(4) “City license” or “license” means a license granted under this

Article.

(5) “Council” means the City Council.

(6) “Clerk” means the City Clerk.

(7) “establishment” means a marihuana establishment as defined in the Act.

(8) “marihuana” means marihuana as defined in the Act.

(9) “marihuana business” means both a marihuana establishment

as defined in the Act and a marihuana facility as defined PA 281 of 2016, the Medical Marihuana Facilities Licensing Act (MCLA 333.27101 et seq.), as amended.

(10) “premises” means the establishment and its property, including

attached buildings, outbuildings, parking lots, etc.

(11) “State” means the State of Michigan and its agencies.

(12) “State licensed marihuana establishment” means any establishment fully licensed by the state of Michigan under the Act.

(13) “State operating license” means a license granted by the state

of Michigan pursuant to the Act.

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Sec. 4. – License Required.

(a) Operation of an establishment requires a valid State operating license, City license, and compliance with all City ordinances, Kent County regulations, State laws, State Regulations, and the terms of City and State of Michigan licensure.

(b) City licenses for the following types of establishments can be granted for operation within the City.

(1) Excess Grower: unlimited number of such licenses;

(2) Growers of any class (excluding excess growers): unlimited number of such licenses;

(3) Microbusiness: unlimited number of such licenses;

(4) Processors: unlimited number of such licenses;

(5) Retailer: unlimited number of such licenses; and

(6) Safety Compliance Facility: unlimited number of such licenses.

(c) Establishments without a valid City license are prohibited.

(d) Regardless of co-location, every marihuana business and operation requires as separate City license.

(e) Regardless of license stacking, every marihuana business and operation

with multiple State operating licenses requires the same number and type of corresponding City licenses.

(f) A license is a revocable privilege granted by the City and is not a property right. The application for or granting of a license does not create or vest any right, title, franchise, or other property interest.

(g) A licensee or any other person shall not lease, pledge, borrow, or loan money against a License.

Sec. 5. – Licensing Requirements and Conditions

(a) No applicant that has done business or purported to do business

without first obtaining the required City and State licenses, permits, and approvals is eligible for licensing under this Article.

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(b) Any establishment licensed under this Article is subject to inspection, with or without notice, at any time, by the City Manager, the City Fire Chief, the City Code Enforcer, the City Police Chief, the County Sherriff, the Director of the Michigan State Police, or their designees.

(c) Establishments licensed under this Article must comply with all applicable rules, standards, laws, ordinances, codes, regulations, etc. promulgated by the City, the State, or any entity thereof.

(d) Each license issued under this Article is issued exclusively to a specific licensee for a specific location. Any attempt to transfer, sell, purchase, or otherwise convey any interest in a license is grounds for revocation of the license. Any license that has been transferred, sold, purchased, or otherwise had any interest in it conveyed is void.

(e) A license must be physically displayed at the licensed establishment in a manner clearly visible to the public.

(f) The issuance of a license under this Article is in addition to and not in lieu of any other license, permit, or approval required by the City, the State, or any entity thereof.

Sec. 6. – Application.

(a) All applications for a license under this Article must be filed with the

City Clerk utilizing and complying with the City’s application form and processes.

(b) The application must be signed by the applicant: by the individual if

an individual, by all partners if a partnership, by a managing member if a limited liability company, or by the president if a corporation.

(c) No application for a license or the granting of a license can be made

until State licensing “pre-qualification” has first been obtained.

(d) No application for a license or the granting of a license can be made until all necessary zoning approvals have first been obtained.

(e) The applicant must provide the City with any information required by

the Act, this Article, and any other information reasonably deemed by the City to be required for the consideration of a license.

(f) All licenses expire 365 days from their date of issue.

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(g) All licenses are subject to renewal by the City Clerk.

(h) All licensees under this Article must apply for a renewal of their license between 30 to 60 days prior to the licenses expiring. Late applications will not be accepted.

Sec. 7. – City Clerk Duties:

(a) The City Clerk will establish written policies, criteria, processes, and

forms for the application and reapplication for a license under this Article.

(1) Such written policies, criteria, processes, and forms for the

application and reapplication of a license must be established no later than one year from the adoption of this Article and may be amended thereafter.

(2) No applications can be made, and no license can be granted

under this Article until such written policies, criteria, processes, and forms for the application and reapplication of a license have been established by the City Clerk.

(b) The City Clerk has broad authority, consistent with the terms of this

Article, to implement administrative policies and processes for the application and reapplication of licenses under this Article.

(c) The City Clerk’s authority includes but is not limited to the authority to designate specific application windows and require documents evidencing the Applicant’s compliance with this Article and State laws and regulations.

(d) The City Clerk is the approval authority for all license issued under this Article.

(e) Subject to subparagraphs (f) and (g) of this Section 7 , the City Clerk must issue a license if after a due diligence investigation the City Clerk determines that (1) the application is (including all supplemental information) and all required fees have been paid in full; (2) the applicant complies with the requirements of the Act, State marihuana regulatory rules, this Article, and City policies related to this Article; and (3) that the issuance of a license would not constitute a public nuisance or a danger to the health, safety, or general welfare of the public.

(f) The City Clerk can deny a license for any of the following reasons:

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operating license.

(g) No license can be issued if the City Clerk determines any of the following:

(1) The establishment is not in full compliance with all zoning


application process; or

(3) The applicant owes outstanding amounts to the City or any other governmental unit including but not limited to taxes, utilities, licensing fees, judgments inspection fees, etc.

(h) Subject to subparagraphs (i) and (j) of this Section 7, the City Clerk

must renew a license if after a due diligence investigation the City Clerk determines that (1) the application is complete (including all supplemental information) and all fees have been paid in full; (2) the applicant complies with the requirements of the Act, State marihuana regulatory rules, this Article, and City policies related to this Article; and (3) that the renewal of the license would not constitute a public nuisance or danger to the health, safety, or general welfare of the public.

(i) The City Clerk can deny a license renewal for any of the following

reasons:



operating license.

(j) No license can be renewed if the City Clerk determines any of the following:

(1) The establishment is not in full compliance with all zoning


application ore renewal process; or

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(3) The Applicant owes outstanding amounts to the City or any other governmental unit including but not limited to taxes, utilities, licensing fees, judgments, inspection fees etc.

(k) The City Clerk must assess an initial non-refundable license

application fee in the amount set from time to time by resolution of the City Council. This fee must be paid at the time of application.

(l) Upon the granting of a license, the City Clerk must assess a nonrefundable fee licensing in the amount set from time to time by resolution of the Council to cover the costs of oversight, administration, and enforcement associated with the operation of an establishment for the first year of licensure. This fee must be paid prior to the issuance of a license.

(m) The City Clerk must assess a non-refundable license renewal application fee in the amount set from time to time by resolution of the City Council. This fee must be paid at the time of application for renewal.

(n) Upon the granting of a license renewal, the City Clerk must assess a non- refundable license renewal fee in the amount set from time to time by resolution of the City Council to cover the cost of renewal, oversight, administration, and enforcement associated with the operation of a marihuana establishment for the next year of licensure. This fee must be paid prior to the renewal of a license.

(o) Upon the expiration of the applicable time in which an appeal under

this Article may be made or upon a final determination by the City Council regarding an appeal, the City Clerk will notify the State of Michigan Department of Licensing and Regulatory Affairs of any suspension or revocation of a license.

Sec. 8. – Establishment Restrictions:

(a) An establishment can only be open to the public between the hours of

8:45 a.m. and 9:15 p.m.

(b) Odor Control: An establishment must prevent smoke, odor, debris, dust, fluids, and other substances relating to manufacturing, production, storage, testing, transportation, or sale of marihuana from exiting the establishment.

Commented [DE1]: Per our conversation I did not put it in here, but if you choose to adopt the revised recreational portion I would add: “All cultivation must take place indoors.”

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(1) Whether smoke, odor, debris, dust, fluids, and other substances relating to manufacturing, production, storage, testing, transportation, or sale of marihuana are exiting the establishment will be measured by the objective standards of a reasonable person with normal sensory sensitivities.

(2) Negative air pressure will be maintained inside the

establishment at all times.

(c) Physical Security: During any time that the establishment is closed to the public and no employee or agent of that establishment is physically present at the establishment, all marihuana concentrate, marihuana infused product, marihuana not otherwise being cultivated, and currency above a de minimis amount must be stored in an enclosed locked room, vault, cabinet, or secure container.


will be a in restricted access area that is only accessible to specifically authorized agents.


must be located in an area separate from the public display area of any establishment.


must be designed and reinforced so as to prevent diversion, theft, or loss of the processed marihuana, marihuana products, and currency.

(4) During any time that the establishment is closed to the public

and no employee or agent of that establishment is present on site, the enclosed locked room, vault, cabinet, or secure container must remain securely locked and protected from unauthorized entry.


must be equipped with an intrusion detection system designed to detect and alert to any attempt at unauthorized entry.


locks and security equipment must remain in good working and operational order at all times.

Sec. 9. – Suspension and Revocation:

(a) A license granted under this Article can be suspended or revoked at any

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time by the City Manager or Code Enforcement Officer for any of the following reasons:

(1) Fraud or misrepresentation contained in the State of Michigan

license, City license, City zoning, or other establishment related applications;

(2) Violation of the Act, the State marihuana regulatory rules, this

Article, City policies related to this Article, or terms of City or State licensure;

(3) Suspension or revocation of the establishment’s State operating

license;

(4) Failure to comply with the City’s Zoning Ordinance or other ordinances;

(5) Criminal conduct related to the operation of the establishment

by the licensee, establishment, or any agent thereof; or

(6) Operation of the establishment in a manner that constitutes a public nuisance or danger to the health, safety, or general welfare of the public.

(b) Prior to revoking a license, the City Manager or City Code Enforcer

must notify the licensee in writing of the intent to revoke and allow the licensee 7 calendar days to submit written reasons as to why the license should not be revoked.

Sec. 10. – Appeals:

(a) Appeal of any action under this Article must be made in writing to the

City Council.

(b) The written appeal must be submitted to the City Clerk within 30 calendar days of the action being appealed and clearly state the legal and factual basis for the appeal. The Clerk must promptly transmit the appeal to the City Council.

(c) All appeals must be accompanied by the appellate fee as set from time

to time by resolution of the City Council.

(d) The City Council must appoint a hearing officer who will conduct a public hearing on the matter. All relevant evidence will be admissible. The hearing officer will submit a recommendation in writing to the City Council.

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(e) The City Council must review the recommendation of the hearing

officer prior to rendering its decision. The City Council has the final authority over any appeal brought before it.

(f) No establishment whose license has been denied, suspended, revoked,

or is otherwise not valid is permitted to conduct business while an appeal is pending; however, such establishment may continue to cultivate existing marihuana and preserve existing inventory so as to prevent spoilage or waste.

Sec. 11. – Violations and Penalties:

(a) Subject to subparagraph (b) of this Section 11, any applicant or

licensee who violates this Article is responsible for a municipal civil infraction and subject to a civil fine not to

Documents

REGULAR MEETING CEDAR SPRINGS CITY COUNCIL AGENDA …...Aug 13, 2020 · It is hereby certified that the foregoing Ordinance was adopted by the City Council for the City of Cedar