Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutOrdinances - 20-11 - 03/16/2020 - Drug Paraphernalia, CannabisCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 20-11
An Ordinance Repealing Title 6; Public Safety, Chapter 5; Offenses, Article 5; Drug
Paraphernalia; Possession of Cannabis, Section 2; Unlawful Possession of Cannabis,
Paragraph 3, 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
March 16, 2020
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 17th day of March, 2020.
ORDINANCE NO. 20-11
An Ordinance Repealing Title 6; Public Safety, Chapter 5; Offenses, Article D; Drug
Paraphernalia; Possession of Cannabis, Section 2; Unlawful Possession of Cannabis,
Paragraph 3, 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
WHEREAS, paragraph 3 of City Ordinance has been found to be a reportable offense through
the Secretary of State and therefore not enforceable by local ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION l: Title 6; Public Safety, Chapter 5; Offenses, Article D; Drug Paraphernalia;
Possession of Cannabis, Section 2; Unlawful Possession of Cannabis, Paragraph 3, which currently
reads as follows, is hereby repealed, in its entirety:
6-5D-2-3: UNLAWFUL POSSESSION OF CANNABIS; UNLAWFUL
CONSUMPTION OF CANNABIS:
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.
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 Mach, 2020.
Ayes Nays Absent Abstain
Alderman Devine X
Alderman Glab k
Alderman Harding X
Alderman Mihevc
Alderwoman Miller
Alderman Santi
Alderman Schaefer
X
X
X
/ 14o6w
Wayr//ett,4Aayor Trisha Ramel, 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 March, 2020, the foregoing Ordinance entitled An
Ordinance Repealing Title 6; Public Safety, Chapter 5, Offenses, Article D; Drug
Paraphernalia; Possession of Cannabis, Section 2; Unlawful Possession of Cannabis,
Paragraph 3, of the City of McHenry's Municipal Code 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 March 2020.
-%�" a.
Monte Johnson, eputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)