The regulations below shall apply to any individual or entity within the village that uses, possesses, grows, transports or conducts activities with marihuana, including primary caregiver operations, in order to ensure compliance with state and local laws and to promote the health, safety and general welfare of village residents and visitors.
(A) Marihuana grown on any premises for personal use must comply with the applicable provisions of the MMMA or MRTMA unless authorized as a licensed primary caregiver operation or operating consistent with state or local law.
(B) The acquisition, possession, cultivation, use, delivery, distribution, processing, sale or transfer of marihuana within the village shall not create a public nuisance which unreasonably disturbs or annoys the quiet, comfort or repose of a reasonable person of normal sensitivities in the vicinity. No person shall commit, create or maintain such public nuisance, including by reason of noise, vibration, traffic, parking, glare, fumes, odor, unsanitary or unsightly conditions, fire hazard, light pollution, toxic chemicals or other public nuisance conditions that would offend a reasonable person of normal sensitivities.
(C) Any person or entity with marihuana on a premises shall control any odor from his or her premises by regularly maintaining and operating an air scrubbing and carbon filtration system so that no odor from the acquisition, possession, cultivation, processing, transfer, sale or use of marihuana is detectable at the property line of the premises unless the Village Council or its designated representative approves of reasonably available odor control technology for a specific premises, or if lawful activities associated with marihuana activities on a premises do not cause detectable odors at property lines.
(D) All lighting associated with marihuana activities shall be directed away from, and be shielded from, adjacent properties without alteration of a building (such as boarded up windows) and shall be so arranged as to not adversely affect adjacent properties or driver visibility on adjacent public roads.
(E) Any storage of chemicals used for marihuana, such as herbicides, pesticides and fertilizers, shall be stored in a reasonably safe and prudent manner.
(F) Any person or entity shall use lawful methods to dispose of waste or byproducts from any lawful marihuana activities allowed within the village according to all applicable local, state and federal laws and regulations.
(G) All marihuana activities conducted by a person or entity must comply with applicable state or local laws.
(Ord. passed 12-21-2021) Penalty, see § 96.99