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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of Cannabis, Section 2; Unlawful Possession of Cannabis, Paragraph 3, which currently reads as follows, is hereby repealed, in its entirety: 6-5D-2-3: UNLAWFUL POSSESSION OF CANNABIS; UNLAWFUL CONSUMPTION OF CANNABIS: 3.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 SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.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)