(A) No person, tenant, occupant, or property owner, who cultivates, grows, processes, or uses cannabis for any purpose shall propagate or permit the emission of objectionable odors that may cause or result in a nuisance to the public or that endanger the health, safety and welfare of the public, to emanate from any source on the property to result in such detectable odors that leave the premises upon which they originated.
(B) An odor is per se objectionable if odor is detectable in the ambient air that is greater than a 7/1 dilution threshold (D/T) for two samples not less than 15 minutes apart during a one-hour period measured by a field olfactometer device at the boundaries of the property as determined at the street right-of-way, or property line.
(C) A processor shall install and maintain in operable condition a system which precludes the emission of objectionable cannabis odor emanating from the premises.
(D) Ventilation, by-product and waste disposal, and water management (supply and disposal) for the facility shall not produce contamination of air, water, or soil; or reduce the expected life of the building due to heat and mold; or create other hazards that may negatively impact the structure and/or surrounding properties.
(E) Air contaminants must be controlled and eliminated by the following methods:
(1) The building must be equipped with an activated air scrubbing and carbon filtration system that eliminates all air contaminants prior to leaving the building.
(2) Fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three.
(3) The filter(s) shall be rated for the applicable CFM.
(4) An air scrubbing and filtration system must be maintained in working order and must be in use at all times. Filters must be changed per manufacturers’ recommendation to ensure optimal performance.
(5) Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
(6) A variance may be granted for an alternative odor control system, in accordance with the Michigan Mechanical Code, if a mechanical engineer licensed in the State of Michigan submits a report that sufficiently demonstrates the alternative system will be equal to or better than the air scrubbing and carbon filtration system otherwise required.
(F) For purposes of this section, AIR CONTAMINANTS means stationary local sources producing air-borne particulates, heat, odors, fumes, spray, vapors, smoke or gases in such quantities as to be irritating or injurious to health.
(G) A cannabis operation shall not be granted a municipal operating license until the findings and approvals of this section are completed.
(H) Prosecution for violation; civil penalty.
(1) Any person or entity failing to comply with this article shall be responsible for a municipal civil infraction or district court citation and shall be subject to a civil fine as follows: $100 initial violation, $250 second violation, and $500 third (or any subsequent) violation. Municipal civil infraction violations are made payable at the city Municipal Ordinance Violation Bureau. Repeat violations are determined based on the date of the commission of the violation. Each day that a violation continues shall be deemed to be a separate offense.
(2) In addition to the remedies described above, the city may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, including injunctive relief.
(3) Jurisdiction for district court citations and legal action to enforce this article, the city code, and state law, vest in the state courts of Eaton County.
(Ord. 2023-05, passed 8-21-2023)