2023-141 Ordinance - Laserfiche WebLink

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municipal home rule and to exercise all the powers of local self- government under God, and under the Constitution and laws of the State of Ohio, do ordain and establish this Charter for the government of the City of North Olmsted; and WHEREAS, as a chartered municipality, Art. II of the Charter of the City of North Olmsted states as follows: The City of North Olmsted shall have all the powers, expressed or implied, now or hereafter granted to municipalities by the Constitution and laws of the State of Ohio, and such further powers as may now or hereafter be granted by the laws of the State of Ohio; and all such powers shall be exercised in the manner prescribed by this Charter or by ordinance of the Council created hereby. Duties and procedural requirements unilaterally imposed by the State upon municipal corporations that purport to limit exercises of local self-government power shall not be binding upon or applicable to the City of North Olmsted, unless expressly authorized in the City Charter or by City Ordinance; and WHEREAS, the City Council of the City of North Olmsted further determines that the sale of adult use cannabis within the City of North Olmsted does not promote and provide for the public peace, health, safety, convenience, comfort, prosperity and general welfare of its residents and pursuant to the authority granted by Art. XVIII, §3 of the Ohio Constitution, the City Council does wish to prohibit "adult use cannabis operators" within the City of North Olmsted; and WHEREAS, this Council finds it necessary to adopt a new Chapter 767 entitled "Sale of Cannabis" of the "Business Regulation Code" of the Codified Ordinances of the City of North Olmsted to maintain the public peace, health and safety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: That new Chapter 767 entitled "Sale of Cannabis" of the "Business Regulation Code" of the Codified Ordinances of the City of North Olmsted is hereby adopted and shall read as set forth in the attached Exhibit A which is fully incorporated by reference herein. SECTION 2: This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare and it is further necessary for this Ordinance to be in effect immediately upon its passage in order to be in effect prior to December 7, 2023 when new Title 37 of the Ohio Revised Code takes effect and rights afforded the City may be exercised; and provided this Ordinance receives the affirmative vote of five members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor