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HomeMy WebLinkAboutOrdinances - MC-19-1214 - 12/16/2019 - Drug Paraphernalia & Cannabis CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance MC-19-1214 An Ordinance Amending Title 6; Public Safety, Chapter 5; Offenses,Article D; Drug Paraphernalia; Possession of Cannabis,Section 6-5D-2; Unlawful Possession of Cannabis, of the City of McHenry's Municipal Code Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 16,2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry,McHenry County,Illinois this 171h day of December,2019. ORDINANCE NO. ORD-MC-1214 An Ordinance Amending Title 6,Public Safety, Chapter S; Offenses,Article D;Drug Paraphernalia;Possession of Cannabis,Section 6-5D-2; Unlawful Possession of Cannabis, of the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, ("City") is a home rule municipality as contemplated under Article VII, Section 6,of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Title 6; Public Safety, Chapter 5; Offenses, Article D; Drug Paraphernalia; Possession of Cannabis, Section 6-5D-2; Unlawful Possession of Cannabis shall be fully repealed and replaced in its entirety with the following language: 6-5D-2: UNLAWFUL POSSESSION OF CANNABIS; UNLAWFUL CONSUMPTION OF CANNABIS: A. Definitions: "Cannabis" means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds,or resin,including tetrahydrocannabinol(THC)and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant,any other compound,manufacture,salt,derivative,mixture,or preparation of such mature stalks(except the resin extracted therefrom),fiber,oil or cake,or sterilized seed of such plant which is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis"also means concentrate and cannabis-infused products. "Cannabis container" means a sealed, traceable, container, or package used for the purpose of containment of cannabis or a cannabis-infused product during transportation. "Cannabis-infused product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked. Consumption" means the inhalation, absorption or ingestion of Cannabis or Cannabis Infused Products. "Public place"means any place where a person could reasonably be expected to be observed by others, including all parts of buildings owned in whole or part, or leased,by the State,the City,or a unit of local government and all areas in a park,recreation area,wildlife area,or playground owned in whole or in part,leased,or managed by the State,the City,or a unit of local government."Public place"does not include a private residence unless the private residence is used to provide licensed childcare,foster care, or other similar social service care on the premises. B. Unlawful Possession of Cannabis: The following constitutes the offense of unlawful possession of cannabis by any person within the City: 1. Purchase, possession, consumption, or use of cannabis under the age of 21, except as authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program. 2. Any parent or guardian to knowingly authorize or permit his or her residence, any other private property under his or her control, or any vehicle, conveyance,or watercraft under his or her control to be unlawfully used for consumption of cannabis by persons under the age of 21. 3. For any driver or passenger to be in possession of cannabis within any area of a vehicle on a City road or highway except when the cannabis is stored in a sealed, odor-proof, child-resistant cannabis container. C. Unlawful Consumption Cannabis in or about any Public Place. D. Violation;Penalty: Whoever violates any provision of this section shall be fined two hundred dollars($200.00)per offense and shall be responsible for the City's cost of prosecution, including reasonable attorney fees incurred by the City. The fine may be paid at the Police Department without incurring prosecution fees if paid prior to the date of the Adjudication Court Hearing. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 3:All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval. Passed this 16th day of December, 2019. Ayes Nays Absent Abstain Alderman Devine X Alderman Glab —� Alderman Mihevc JI' Alderwoman Miller X Alderman Santi X Alderman Schaefer X G Wa , M yor Trisha amel, City Clerk CERTIFICATION I, MONTE JOHNSON,do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry,McHenry County,Illinois,and that as such Deputy City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Council Members of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Council Members of the City of McHenry, held on the 16th day of December 2019, the foregoing Ordinance entitled An Ordinance Amending Title 6,Public Safety, Chapter S; Offenses,Article D;Drug Paraphernalia;Possession of Cannabis,Section 6-5D-2; Unlawful Possession of Cannabis, of the City of McHenry's Municipal Code for the Sale or Disposal of Personal Property Owned by the City of McHenry, was duly passed by the City Council of the City of McHenry. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy City Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 17th day of December 2019. Monte Johnso , Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)