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§ 130.47  NO MARIHUANA ESTABLISHMENT.
   The Village of Three Oaks hereby prohibits all marihuana establishments within the boundaries of the village pursuant to Initiated Law 1 of 2018, M.C.L.A. §§ 333.27951 et seq., as may be amended.
(Ord. 216, passed 12-12-2018)
§ 130.48  VIOLATIONS AND PENALTIES.
   (A)   Any person who disobeys neglects or refuses to comply with any provision of this subchapter or who causes allows or consents to any of the same shall be deemed to be responsible for the violation of this subchapter. A violation of this subchapter is deemed to be a nuisance per se.
   (B)   A violation of this subchapter is a municipal civil infraction, for which the fines shall not be less than $100 nor more than $500, in the discretion of the court. The foregoing sanctions shall be in addition to the rights of the village to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which the village incurs in connection with the municipal civil infraction.
   (C)   Each day during which any violation continues shall be deemed a separate offense.
   (D)   In addition, the village may seek injunctive relief against persons alleged to be in violation of this subchapter, and such other relief as may be provided by law.
   (E)   This subchapter shall be administered and enforced by the Police Department of the village or by such other person(s) as designated by the Village Council from time to time.
(Ord. 216, passed 12-12-2018)
§ 130.99  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
   (B)   Any person, firm or corporation who violates any of the provisions of § 130.15 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of up to $500 or imprisonment in the county jail up to 90 days or both such fine and imprisonment. Each day that a violation shall continue shall constitute a separate offense.
   (C)   (1)   Any person indicated in divisions (C)(1)(a) through (C)(1)(c) below is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 nor more than $500, plus costs and other sanctions, for each infraction:
         (a)   Any person or persons, partnership or corporation who shall violate any of the provisions of §§ 130.16 through 130.21, 130.23 and 130.24;
         (b)   Any, parent, guardian or other person who assists, aids, allows, permits or encourages any minor under the age of 18 years to violate the provisions of § 130.35; and/or
         (c)   Any parent who violates the provisions of § 130.37, in addition to the other provisions of § 130.37.
      (2)   Repeat offenses shall be subject to an increased civil fine as follows:
         (a)   The fine for any offense which is a first repeat offense shall be not less than $250, plus costs and other sanctions; and
         (b)   The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be not less than $500, plus costs and other sanctions.
      (3)   A REPEAT OFFENSE means a second (or any subsequent) violation of any of the sections listed in division (C)(1) above committed by a person within any six-month period and for which the person admits responsibility or is determined to be responsible.
      (4)   Each day on which any violation of those sections continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
   (D)   Any person or persons, partnership or corporation who shall violate the provisions of § 130.22 shall, upon conviction, be punished by a fine of not less than $5 nor more than $100, and the costs of prosecution, or imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court.
   (E)   Any person, firm or corporation that violates any provision of § 130.36 shall, upon conviction thereof, be punished by a fine of not to exceed $100 together with the cost of prosecution or by imprisonment for a period of not to exceed 90 days or by both such fine and imprisonment in the discretion of the court.
(Ord. 3, passed 4-3-1947; Ord. 64, passed 12-2-1976; Ord. 119, passed 4-12-1995; Ord. 125, passed 5-14-1997; Ord. 140, passed 6-13-2001)