PENDING ORDINANCES
ORDINANCE NO. 1319-20
AN ORDINANCE AMENDING TITLE 9 (POLICE REGULATIONS), CHAPTER 6 (CANNABIS AND DRUG PARAPHERNALIA), AS WELL AS TITLE 10 (MOTOR VEHICLES AND TRAFFIC), CHAPTER 6 (VEHICLE SEIZURE AND IMPOUNDMENT) OF THE MANHATTAN VILLAGE CODE OF ORDINANCES
ADOPTED BY THE
BOARD OF TRUSTEES OF THE
VILLAGE OF MANHATTAN
THIS_______DAY OF_________________, 2020
Published in pamphlet form by the authority of the Board of Trustees of the Village of Manhattan, Will County, Illinois this ____ day of ___________, 2020
ORDINANCE NO.   __________
AN ORDINANCE AMENDING TITLE 9 (POLICE REGULATIONS), CHAPTER 6 (CANNABIS AND DRUG PARAPHERNALIA), AS WELL AS TITLE 10 (MOTOR VEHICLES AND TRAFFIC), CHAPTER 6 (VEHICLE SEIZURE AND IMPOUNDMENT) OF THE MANHATTAN VILLAGE CODE OF ORDINANCES
   WHEREAS, the Corporate Authorities of the Village of Manhattan, Will County, Illinois, have the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety, and welfare of its citizens; and
   WHEREAS, the Illinois General Assembly recently enacted the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), which inter alia legalizes the possession and use of cannabis and cannabis paraphernalia under certain circumstances; and
   WHEREAS, the Village of Manhattan previously passed ordinances that regulate and prohibit the possession and use of cannabis and cannabis paraphernalia in violation of the Cannabis Control Act (720 ILCS 550/1, et seq.) and other applicable Illinois and federal statutes; and
   WHEREAS, the Corporate Authorities of the Village have determined that it is necessary and in the best interests of the Village and its citizens to amend its ordinances related to the possession and use of cannabis and cannabis paraphernalia to be consistent with the Cannabis Regulation and Tax Act, as amended, and the Cannabis Control Act, as amended.
   NOW THEREFORE, BE IT ORDAINED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MANHATTAN, WILL COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE AND STATUTORY AUTHORITY, AS FOLLOWS:
   SECTION 1.   The Corporate Authorities hereby find that all of the recitals contained in the preamble to this Ordinance are true, correct, and complete and are hereby incorporated by reference hereto and made a part hereof.
   SECTION 2.   That Title 9 (Police Regulations), Chapter 6 (Cannabis and Drug Paraphernalia), Section 9-6-1 (Definitions) is hereby amended in part to read as follows:
9-6-1: DEFINITIONS:
CANNABIS: “Cannabis” shall have the same meaning ascribed to it in the Illinois Cannabis Control Act (720 ILCS 550/3), as amended from time to time.
CONTROLLED SUBSTANCE: “Controlled Substance” shall have the meaning ascribed to it in the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.), as amended from time to time.
DRUG PARAPHERNALIA: All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined the Methamphetamine Control and Community Protection Act (720 ILCS 646/1, et seq.), as amended, which are peculiar to and marketed for the use, or are used, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body cannabis or any controlled substance in violation of the "cannabis control act" (720 ILCS 550/1, et seq.), as amended; the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.), as amended, or the Methamphetamine Control and Community Protection Act (720 ILCS 646/1, et seq.), as amended. It includes, but is not limited to:
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   SECTION 3.   That Title 9 (Police Regulations), Chapter 6 (Cannabis and Drug Paraphernalia), Section 9-6-2 (Possession) is hereby amended to read as follows:
9-6-2: POSSESSION:
Except as provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), as amended; the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended; the Illinois Cannabis Control Act (720 ILCS 550/1, et seq.), as amended; the Industrial Hemp Act (505 ILCS 89/1, et seq.), as amended; or any other state or federal law, as amended, permitting the purchase, possession, consumption, and/or use of cannabis, it shall be unlawful for any person to knowingly possess not more than 2.5 grams of cannabis.
Except as provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), as amended; the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended; the Illinois Cannabis Control Act (720 ILCS 550/1, et seq.), as amended; the Industrial Hemp Act (505 ILCS 89/1, et seq.), as amended; or any other state or federal law, as amended, permitting the purchase, possession, consumption, and/or use of cannabis, it shall be unlawful for any person to knowingly possess more than 2.5 grams but not more than ten grams (10 g) of cannabis.
Except as provided in the Cannabis Regulation and Tax Act (410 ILCS 705/1-1, et seq.), as amended; the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), as amended; the Illinois Cannabis Control Act (720 ILCS 550/1, et seq.), as amended; the Industrial Hemp Act (505 ILCS 89/1, et seq.), as amended; or any other state or federal law, as amended, permitting the purchase, possession, consumption, and/or use of cannabis, it shall be unlawful for any person to knowingly possess an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or any controlled substance into the human body, or in preparing cannabis or any controlled substance for that use.
SECTION 4.   That Title 10 (Motor Vehicles and Traffic), Chapter 6 (Vehicle Seizure and Impoundment), Section 10-6-1 (Nuisance Declared) is hereby amended in part to read as follows:
10-6-1: NUISANCE DECLARED: 
Any motor vehicle used in connection with the following shall be declared a public nuisance and subject to seizure and impoundment under this chapter:
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A violation of 720 Illinois Compiled Statutes 550/4, possession of cannabis, 720 Illinois Compiled Statutes 550/5, manufacture or delivery of cannabis, 720 Illinois Compiled Statutes 550/5.1, cannabis trafficking, 720 Illinois Compiled Statutes 550/5.2, delivery of cannabis on school grounds, or 720 Illinois Compiled Statutes 550/8, unauthorized production or possession of Cannabis sativa plant, of the cannabis control act; or
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   SECTION 5.   In the event that any provision or provisions, portion or portions, or clause or clauses of this Ordinance shall be declared to be invalid or unenforceable by a Court of competent jurisdiction, such adjudication shall in no way affect or impair the validity or enforceability of any of the remaining provisions, portions, or clauses of this Ordinance that may be given effect without such invalid or unenforceable provision or provisions, portion or portions, or clause or clauses.
   SECTION 6.   That all ordinances, resolutions, motions, or parts thereof, conflicting with any of the provisions of this Ordinance, are hereby repealed to the extent of the conflict.
   SECTION 7.   That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form.
   SECTION 8.   That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
PRESENTED and PASSED by the Board of Trustees on a roll call vote on the ______ day of ___________, 2020 with _____ Trustees voting AYE, _____ voting NAY, ______ ABSTAINING and _____ ABSENT, President Doyle voting _____; said vote being:  Beemsterboer _____, Doyle_____, Biscan _____, McDonough _____, Naughton _____, and Dilling _____.
            
Mattie Becker, Village Clerk
Approved this _____ day of ________________, 2020.
                                       
                     James M. Doyle, President of the Board
                     of Trustees of the Village of Manhattan
ATTEST:
               
Mattie Becker, Village Clerk