ARTICLE XI. MARIJUANA POSSESSION AND USE

24-310 Title.

This article shall be known and cited as the "charter township of Port Huron marijuana possession/use ordinance."

(Ord. No. 223, 7-19-2010)

24-311 Purpose.

This article is enacted for the purpose of protecting public health, safety and general welfare of persons and property within Port Huron charter township, pursuant to the authority granted to townships in the Township Ordinances Act, Public Act 246 of 1945 (MCL 41.181 et seq.), by prohibiting the use or possession of marijuana.

(Ord. No. 223, 7-19-2010)

24-312 Definitions.

Marijuana means all parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is capable of generation.

(Ord. No. 223, 7-19-2010)

24-313 Regulation.

A person who possesses or uses marijuana except as authorized by the provisions of Article 7 of Public Act No. 368 of 1978 (MCL 333.7101 et seq.) shall be guilty of a misdemeanor.

(Ord. No. 223, 7-19-2010)

24-314 Penalties.

Any violation of this article shall be punishable by a fine not to exceed $500.00, and/or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.

In addition, as an alternate remedy, the township shall have the authority to proceed in any court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with this article. Election of one of the foregoing remedies shall not preclude the application of the other remedy.

(Ord. No. 223, 7-19-2010)

24-315—24-321 Reserved.

ARTICLE XII. RETAIL FRAUD

24-320 Title.

This article shall be known and cited as "the charter township of Port Huron retail fraud ordinance."

(Ord. No. 232, 5-7-2012)

24-321 Intent.

Any person who shall commit the crime of retail fraud within the terms of this article shall be punished as hereinafter provided.

(Ord. No. 232, 5-7-2012)

24-322 Retail fraud.

(a) Retail fraud of goods valued less than $200.00. It shall be unlawful for any person within the township to do any of the following in a wholesale or retail store or in its immediate vicinity:

(1)    While a store is open to the public, alter, transfer, remove and replace, conceal or otherwise misrepresent the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00;

(2)    While a store is open to the public, steal or unlawfully take property of the store that is offered for sale at a price of less than $200.00; and

(3)    With intent to defraud, obtain or attempt to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or value of the property, obtained or attempted to be obtained is less than $200.00.

(Ord. No. 232, 5-7-2012)

24-323 Penalty.

Any person committing any of the acts of retail fraud described within this article shall be deemed guilty of a misdemeanor, and be subject to a penalty not to exceed a fine of $500.00 and/or imprisonment for a period of not to exceed 93 days.

(Ord. No. 232, 5-7-2012)