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HomeMy WebLinkAboutOrd 6335 07/18/2017 Amending Chapter 23 "Offenses and Miscellaneous Regulations"ORDINANCE NO. 6335 AN ORDINANCE AMENDING CHAPTERS 23 "OFFENSES AND MISCELLANEOUS REGULATIONS" AND APPENDIX A, DIVISION III OF THE VILLAGE CODE OF MOUNT PROSPECT. ILLINOIS WHEREAS, the Village of Mount Prospect is a home rule municipality as defined by Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect as set forth below; and WHEREAS, pursuant to the authority granted under the Illinois Municipal Code and in accordance with home rule authority granted to home rule municipalities, the President and Board of Trustees of the Village of Mount Prospect approve the amendments as set forth below. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 23.103 "Marijuana," to Article I, "General Offenses" of Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code shall be amended to read in its entirety as follows: 23.103: MAR] UANACANNABIS: A. For purposes of this section, the term "cannabis" shall include marijuana, hashish, and other substances which are identified as including any part of the 372034_1 plant Cannabis Sativa, 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 cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. However, this term shall 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 cake; or the sterilized seed of such plant which is incapable of germination. B. It shall be unlawful for any person to knowingly possess cannabis within the limits of the Village. This section shall not be construed as conflicting with or limiting enforcement of the Illinois Cannabis Control Act, 720 ILCS 550/1 et seq., as amended from time to time. C. This section shall not be applicable to any individual who legally possesses any substance containing cannabis, as a medical cannabis cardholder, cultivator or dispenser, as defined by the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq. 43D. Any person who violates this section with respect to not more than teethirty grams (4-930 g) of marijuana shall be fined as set forth in appendix A, division III of this code. SECTION 2: Section 23.103 "Penalties (Marijuana)," of Chapter 23, "Offenses and Miscellaneous Regulations" in Appendix A, Division III, "Penalties and Fines" of the Mount Prospect Village Code shall be amended to read in its entirety as follows Section 23.103: ,RJJA1ACANNABIS: Fine: Not less than $150.00 nor more than $1,000.00. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None 372034_1 ABSENT: None PASSED AND APPROVED this 18th day of July, 2017 Arlene A. Juracek, Vi11 President ATTEST: Karen M. AgorarVos, Village Clerk 372034„1