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1 CITY OF STEVENS POINT PUBLIC PROTECTION COMMITTEE AGENDA Monday, December 11, :15 P.M. (or immediately following previously scheduled meeting) Police Department, 933 Michigan Avenue [A quorum of the City Council may attend this meeting] Discussion and Possible Action on the Following: 1. License List: A. New Operators (Bartenders) Licenses. B. Corporation or Limited Liability Company Name Change: Matsu Ya Inc., 5751 Sandpiper Drive, Stevens Point, WI for Matsu Ya Sushi and Grill at 5725 Windy Drive Suite A. C. Class A Liquor and Class A Fermented Malt Beverage License: Point Foods, LLC, for Save A Lot, 3264 Church Street, Stevens Point; Zach Berard, agent for license period beginning December 12, D. Class B Combination Beer and Liquor License at a Winery: SPB LLC, for Stevens Point Brewery/Ciderboys Cider Co., 2617 Water Street, Stevens Point for license period beginning December 19, E. Pawnbroker/Secondhand Jewelry Dealer (Renewal): i. Grubba Jewelers Inc, 949 Main Street, Stevens Point, Mark and Charles Grubba, owners. ii. E-Ways Sales LLC, 3296 Church Street, Stevens Point, Jonathan Ruder, owner. iii. Point Title and Pawn Loans, 2625 Church Street, Stevens Point, Dan J. Spaulding, owner. iv. Lee Ayers Jewelers, 1044 Main Street, Stevens Point, Lee Ayers, owner. 2. Appeal of service charge for property maintenance violations: A Water Street B Rice Street C. 924/926 First Street 3. Ordinance Amendment City/Aldermanic District Boundaries, Polling Places Polling Place Change for Aldermanic District 5 (Section 15.03(5) of the RMC). 4. Ordinance Amendment Official, Boards, Employees Amend Eligibility and Compensation for Board of Review Members (Section 3.48(1) and (3) of the RMC). 5. Ordinance Amendment Licenses and Permits Fee Adjustments for Cigarette and Tobacco Products Retail License and Class A Fermented Malt Beverages Retail License (Section of the RMC). 6. Ordinance Amendment Building and Premises Maintenance and Occupancy Storage of Garbage Carts (Section 21.03(4) of the RMC). 7. Ordinance Amendment Public Peace and Offenses Against Public Policy Amend Deposit Amount for Possession of Marijuana and Possession Marijuana Paraphernalia (Section 24.43, and 24.52(4)(a) of the RMC). 8. Review of Public Protection Committee s Agenda Development Process.

2 9. Adjournment. RMC Revised Municipal Code Any person who has special needs while attending this meeting or needs agenda materials for this meeting should contact the City Clerk as soon as possible to ensure reasonable accommodations can be made. The City Clerk can be reached by telephone at (715) or by mail at 1515 Strongs Avenue, Stevens Point, WI Copies of ordinances, resolutions, reports and minutes of the committee meetings are on file at the office of the City Clerk for inspection during normal business hours from 7:30 A.M. to 4:00 P.M.

3 City of Stevens Point John Moe 1515 Strongs Avenue City Clerk Stevens Point, WI Phone: Fax: To: Common Council From: John Moe, City Clerk Date: December 6, 2017 Re: Public Protection Committee Agenda Items 1. License list: A. All the Operator license requests meet the requirements to hold a license and have been approved by the Police Department. B. Matsu Ya Sushi and Grill has changed from an individual to a corporation. C. Save A Lot is under new ownership and they would like to continue to sell alcohol. The agent has been reviewed and approved by the Police Department. D. The Stevens Point Brewery is looking to sell their Ciderboys Cider for consumption on and off their premise. According to DOR, this Class B license allows for the retail sale of wine only, and does not authorize the retail sale of intoxicating liquor other than wine. The Police Department has no issues with this request at this time. E. We have four renewals for a Pawnbroker/Secondhand Jewelry Dealer License. All applicants have been approved by the Police Department. 2. Please see the attached appeals and memos from the Inspection Department. 3. Due to increasing security concerns and the amount of disruption that it causes, Jefferson School is no longer able to serve as a polling place. At this time, the best option is to merge with District 7 at the National Guard Armory. 4. This is cleaning up the language for Board of Review members regarding eligibility and compensation. The current wording in (1)(a) is for 1 st Class Cities and makes it difficult to find people to serve. The change to subsection 3 is necessary as it is becoming more common that the Board meets and adjourns to a later date to hear cases. This change will allow the members to be compensated for all meetings. 5. The Cigarette and Tobacco License fee was set back in 1998 and the Class A Fermented Malt Beverage (beer) License fee was set back in License fees are used to offset the cost of administering and enforcing state law. To meet the increased costs associated with administration and enforcement, it is recommended to change the license fee to $ for Cigarette and Tobacco and $75.00 for Fermented Malt Beverages. This change will bring the City more in line with our neighboring communities like Plover, Wisconsin Rapids and Marshfield.

4 6. This Amendment is back before the Committee for consideration. Director Ostrowski will be available to review the latest changes and answer questions. 7. Please see the attached memo from City Attorney Beveridge regarding this Ordinance Amendment. 8. Chair Oberstadt is going to review the process and history of items being placed on the Committee s agenda.

5 LICENSE LIST PUBLIC PROTECTION COMMITTEE Monday, December 11, 2017 **PROVISIONAL OPERATOR LICENSE: 1. DAVILA, ADRIANAH G 3431 ROSEWOOD DR, PLOVER, WI SHOUTS, MARINA E 2457 CLARK STREET, STEVENS POINT, WI MECHLING, AMI R 2724 DIXON STREET, STEVENS POINT, WI STACK, MEGHAN J 3700 DOOLITTLE DR, STEVENS POINT, WI DEMING, DEANNA M 433 FIRST STREET, STEVENS POINT, WI GRULKOWSKI, KENTON M 261 PARADISE LANE APT 5, PLOVER, WI ZOGATA, CLAYTON R 7345 WHITESPIRE RD #7, SCHOFIELD, WI RANDERSON, BENJAMIN R 1700 COLLEGE AVE, STEVENS POINT, WI SPAFFORD, ALEX M 201 RESERVE ST, STEVENS POINT, WI PITZRICK, HEIDI M RD ST, AMHERST JCT, WI GREENO, HUNTER J TH AVE APT 8, STEVENS POINT, WI OERTEL, TREVIN R 1517 FOURTH AVE, STEVENS POINT, WI ROETHKE, JARRETT J 2225 CLARK STREET, STEVENS POINT, WI WIDENSKI, ERIN E 1517 MAIN STREET APT 2, STEVENS POINT, WI QUINONES, ALEXZANDRIA F 4516 TERRACE LANE APT 3, STEVENS POINT, WI CARUSO, HEATHER ANN 1540 TORUN RD, STEVENS POINT, WI CROPSEY, KEVIN W 816 SMITH STREET, STEVENS POINT, WI LEE, JEREMY M 652 PORTAGE STREET, STEVENS POINT, WI RATHMANN, LAURA J 526 WEST STREET, STEVENS POINT, WI ROCOLE, MEGAN R 1717 MARIA DRIVE #102, STEVENS POINT, WI THAVES, STEVEN J 137 MASON STREET, ROSHOLT, WI INGBRETSON, MEREDITH M 715 SMITH STREET, STEVENS POINT, WI NELSON, SAMANTHA K 924 SONGBIRD LN, STEVENS POINT, WI MISHKA, BRANDON J 2517 CLARK STREET, STEVENS POINT, WI GAMOKE, MARCUS P 1220 SECOND STREET, STEVENS POINT, WI BEHN, JOSEPH E 3740 LAKE AVE, WISCONSIN RAPIDS, WI LOBERGER, MARISSA E 3531 EVERGREEN DRIVE APT 3, PLOVER, WI BAKER-ORTIZ, RYAN A 3700 DOOLITTLE DR, STEVENS POINT, WI KOHL, MIRANDA D 824 UNION STREET, STEVENS POINT, WI CORPORATION OR LIMITED LIABILITY COMPANY NAME CHANGE: 1. Matsu Ya Inc., 5751 Sandpiper Drive, Stevens Point, WI for Matsu Ya Sushi and Grill at 5725 Windy Drive Suite A. CLASS A LIQUOR AND CLASS A FERMENTED MALT BEVERAGE LICENSE: 1. Point Foods, LLC, for Save A Lot, 3264 Church Street, Stevens Point; Zach Berard, agent for license period beginning December 12, 2017.

6 CLASS B COMBINATION BEER AND LIQUOR LICENSE AT A WINERY: 1. SPB LLC, for Stevens Point Brewery/Ciderboys Cider Co., 2617 Water Street, Stevens Point for license period beginning December 19, Pawnbroker/Secondhand Jewelry Dealer (Renewal): 1. Grubba Jewelers Inc, 949 Main Street, Stevens Point, Mark and Charles Grubba, owners. 2. E-Ways Sales LLC, 3296 Church Street, Stevens Point, Jonathan Ruder, owner. 3. Point Title and Pawn Loans, 2625 Church Street, Stevens Point, Dan J. Spaulding, owner. 4. Lee Ayers Jewelers, 1044 Main Street, Stevens Point, Lee Ayers, owner. **ISSUANCE OF ANY LICENSE IS CONTINGENT UPON APPLICANTS COMPLIANCE WITH THE TRAINING REQUIREMENTS OF SEC (16), WISCONSIN STATUTES.

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8 Memo Mark Kordus Neighborhood Improvement Coordinator Community Development City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Ph: (715) Fax: (715) To: Public Protection Committee From: Mark Kordus CC: Michael Ostrowski & Andrew Beveridge Date: 10/24/17 Subject: 2132 Water Street On September 26, 2017 Mark Kordus observed a couch at the curb at 2132 Water Street, a pink tag was left on the item giving the property owner 24 hours to remove the item. On September 28 th the item was still at the curb. The City s contractor Larry s Helping Hand was contacted to remove the item which happened that same day. The case is now closed. Page 1 of 1

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17 Memo Mark Kordus Neighborhood Improvement Coordinator Community Development City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Ph: (715) Fax: (715) To: Public Protection Committee From: Mark Kordus CC: Michael Ostrowski & Andrew Beveridge Date: 11/17/17 Subject: 2616 Rice Street Case #CEGEN On October 3, 2017 Mark Kordus responded to a complaint about multiple potential violations of junk and an unlicensed car at 2616 Rice Street, a Notice of Violation was sent on that same day, giving the owner until 10/23/17 to correct. On 10/25/17 a reinspection occurred, and while some progress had been made many of the items on the order had not been complied with. A NOV with a $100 service fee was sent 10/26/17, giving them until 11/13/17 to comply. Shortly thereafter the owner called and was unsure if she could comply with the deadline and asked for some additional time and if the fee could be waived. I did grant an extension for compliance with the second deadline and suggested that when she felt they were in compliance that she contact me and that we do a walkthrough of the property together. I explained that I could not waive the service fee, but that she would need to appeal that charge. She also indicated that the car had been licensed but the plates and current registration stickers had not been placed on the vehicle. On November 14, 2017 I did a walk through inspection of the property with the owner, and while they do have a unique property and some unconventional items which by strict interpretation of the code may still be considered in noncompliance I felt they were present on the property as part of landscaping or outdoor art that they had chosen. I closed the case after a discussion of what is and isn t likely to be acceptable, now or in the future. Page 1 of 2

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19 City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Department of Community Development Phone: (715) Fax: (715) October 26, 2017 ID #: CEGEN INVOICE #: Christopher Larson 2616 Rice St Stevens Point, WI Notice and Invoice for Correcting Violation(s): General Case AT 2616 Rice St Dear Christopher Larson An inspection of the property was made on October 25, As a result of this inspection, the condition described below was observed: Condition: Vehicles must be licensed, operational and parked on a hard surface. Must be corrected by: November 13, (18) - Inoperable and/or Unlicensed Vehicle: No owner, operator or occupant of any premise shall suffer, permit or allow any disassembled, dismantled, junked, wrecked or inoperable and/or unlicensed motor vehicle, machinery or trailer to be stored or allowed to remain in the open on such a premise for a period in excess of three days unless it is in connection with an automotive sales and repair business located in a properly zoned area. Vehicles, machinery or trailers for which lawful operation upon a public highway requires display of current license or registration must, in addition to being licensed and/or registered, display that license or registration. General rubbish and waste items such as tires, bush, etc. need to removed. Must be corrected by: November 13, (3) - Rubbish and general refuse present: Every owner or occupant of a premise or premise unit shall maintain in a clean and sanitary condition that part or those parts of the premise or premise unit that he occupies and controls. Trash containers must be stored at or beyond the front plane of the dwelling. Must be corrected by: November 13, (4) - Storage of Refuse and Recyclables and Related Containers: Every owner or occupant of a premise or premise unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner. Recyclables and refuse shall not be visible from the street and recyclables, refuse, or their containers cannot be stored between any structure and the street, except on collection days. The condition described above is in violation of the Muni Code, Wis Admin Code, & Wis Statutes, which states, the provisions of these codes shall apply to all existing premises and constitute the #CEGEN Page 1 of 2

20 minimum requirements and standards for property conditions. In addition, the associated fees for the preparation of the Order and / or abatement of the condition(s) are as follows: Date Type Amount October 25, 2017 Service Fee - Subsequent Offense Balance Due: $ Please remit payment to the City of Stevens Point within 30 days from the date on this notice. Please be informed that if payment has not been received by this date, these fees will be assessed against the real estate as a special charge. Payment should be made payable to the City of Stevens Point and remitted to: City of Stevens Point 1515 Strongs Avenue Stevens Point, WI This is your official notice that you will need to bring the property into compliance by properly abating such violations prior to 11/13/2017. Failure to abate the condition(s) described above will result in the issuance of a $ service charge, as well as, enforcing the penalty provisions described in the Stevens Point Municipal Code, including, but not limited to the issuance of a citation and/or the abatement by the City with the costs of abatement being assessed against the real estate as a special charge. Please note that work being performed, or slated to be performed, may require a building permit. Inquire with our office to verify if a building permit is needed. Double fees shall be charged if work is commenced prior to the issuance of a permit. If you require assistance or have any additional questions regarding this matter, please contact the issuing inspector. Your cooperation is greatly appreciated. Sincerely, Mark Kordus Neighborhood Improvement Coordinator (715) RECIPIENTS: Christopher Larson #CEGEN Page 2 of 2

21 City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Department of Community Development Phone: (715) Fax: (715) October 03, 2017 ID #: CEGEN Christopher Larson 2616 Rice St Stevens Point, WI NONCOMPLIANCE NOTICE: General Case AT 2616 Rice St Dear Christopher Larson An inspection of the property located at 2616 Rice St was made on October 03, As a result of this inspection, the condition described below was observed: Condition: Vehicles must be licensed, operational and parked on a hard surface. Must be corrected by: October 23, (18) - Inoperable and/or Unlicensed Vehicle: No owner, operator or occupant of any premise shall suffer, permit or allow any disassembled, dismantled, junked, wrecked or inoperable and/or unlicensed motor vehicle, machinery or trailer to be stored or allowed to remain in the open on such a premise for a period in excess of three days unless it is in connection with an automotive sales and repair business located in a properly zoned area. Vehicles, machinery or trailers for which lawful operation upon a public highway requires display of current license or registration must, in addition to being licensed and/or registered, display that license or registration. All interior items such as chairs, lamps, etc. must be removed from yard. Must be corrected by: October 23, (9) - Interior Household Items Exposed to the Weather: No owner or occupant of a premise or premise unit shall accumulate rubbish, boxes, lumber, scrap metal, appliance, or any other material or furniture designed for interior use on the premises which it is exposed to the weather for longer than 24 hours in such a manner that may be unsightly to, incompatible with, or repugnant to the residential or commercial neighborhood. General rubbish and waste items such as tires, bush, etc. need to removed. Must be corrected by: October 23, (3) - Rubbish and general refuse present: Every owner or occupant of a premise or premise unit shall maintain in a clean and sanitary condition that part or those parts of the premise or premise unit that he occupies and controls. Trash containers must be stored at or beyond the front plane of the dwelling. Must be #CEGEN Page 1 of 2

22 corrected by: October 23, (4) - Storage of Refuse and Recyclables and Related Containers: Every owner or occupant of a premise or premise unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner. Recyclables and refuse shall not be visible from the street and recyclables, refuse, or their containers cannot be stored between any structure and the street, except on collection days. The condition described above is not in compliance with the Muni Code, Wis Admin Code, & Wis Statutes, which states, the provisions of these codes shall apply to all existing premises and constitute the minimum requirements and standards for property conditions. This is your official notice that you will need to bring the property into compliance by properly abating such conditions within the timeline indicated above. A re-inspection will occur to see if the first or all condition(s) is abated prior to October 23, Please contact the issuing inspector if this date needs to be adjusted before the scheduled re-inspection. Failure to abate the condition(s) described above will result in the issuance of a $ service charge, as well as, enforcing the penalty provisions described in the Stevens Point Municipal Code, including, but not limited to the issuance of a citation and/or the abatement by the City with the costs of abatement being assessed against the real estate as a special charge. Please note that work being performed, or slated to be performed, may require a building permit. Inquire with our office to verify if a building permit is needed. Double fees shall be charged if work is commenced prior to the issuance of a permit. If you require assistance or have any additional questions regarding this matter, please contact the issuing inspector. Sincerely, Mark Kordus Neighborhood Improvement Coordinator mkordus@stevenspoint.com (715) RECIPIENTS: Christopher Larson #CEGEN Page 2 of 2

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26 Memo Mark Kordus Neighborhood Improvement Coordinator Community Development City of Stevens Point 1515 Strongs Avenue Stevens Point, WI Ph: (715) Fax: (715) To: Public Protection Committee From: Mark Kordus CC: Michael Ostrowski & Andrew Beveridge Date: 11/17/17 Subject: 924/926 First Street Case #CESTOR On September 27, 2017 Mark Kordus observed a TV at the curb at 924/926 First Street, a pink tag was left on the TV in the picture giving the owner 24 hours to remove them. On 9/29/17 the item still at the curb with the tag on it, the City contractor was notified to pick up the item, which he did that same day. The owner (landlord) did call after the fact and pictures of the items were ed to her. Page 1 of 1

27 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Subsection (5) of Section of the Revised Municipal Code of the City of Stevens Point are hereby amended to read as follows: (5) Fifth District: Nation Guard Armory 3116 Jefferson Street SECTION II: This ordinance shall take effect upon passage and publication. APPROVED: Mike Wiza, Mayor ATTEST: John Moe, City Clerk Dated: December 6, 2017 Adopted: December 18, 2017 Published: December 22, 2017

28 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Paragraph (a) of Subsection 3.48(1) of the Revised Municipal Code of the City of Stevens Point, is hereby amended to read as follows: (1) (a) The Board of Review of the City of Stevens Point shall consist of five (5) citizen members who shall be residents of the City and none of whom shall occupy any public office or be publicly employed. SECTION II: That Subsection (3) of Section 3.48 of the Revised Municipal Code of the City of Stevens Point, is hereby amended to read as follows: (3) Compensation. The members of the board of review shall receive a salary of $50.00 per day, or fraction thereof, that the board of review is in session for the purpose of hearing and considering testimony or in making their report and determination. SECTION III: This ordinance shall take effect upon passage and publication, as provided by law. APPROVED: Mike Wiza, Mayor Dated: December 6, 2017 Adopted: December 11, 2017 Published: December 15, 2017 ATTEST: John Moe, City Clerk

29 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Cigarette Sales license and permit fees of Section of the Revised Municipal Code of the City of Stevens Point, is hereby amended to read as follows: Cigarette Sales SECTION II: That Class A Fermented Malt Retail License of Section the Revised Municipal Code of the City of Stevens Point, is hereby amended to read as follows: a. Class A fermented malt beverage SECTION III: This ordinance shall take effect upon passage and publication, as provided by law. APPROVED: Mike Wiza, Mayor Dated: December 6, 2017 Adopted: December 11, 2017 Published: December 15, 2017 ATTEST: John Moe, City Clerk

30 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Subsection 21.03(4) of the Revised Municipal Code is hereby amended to read as follows: (4) Every owner or occupant of a premise or premise unit shall store and dispose of all rubbish in a clean, sanitary and safe manner. Recyclable and refuse containers shall be stored with their lids closed and shall not impede any exit from the structure. Recyclables and refuse items shall not be stored outside of the containers. Recyclable and refuse containers shall not be stored between a public right-of-way and the nearest plane of a dwelling that faces such right-of-way (excluding porches, stoops, landings, access ramps, decks, or other similar improvements), unless: (a) such right-of-way is an alley; (b) the containers are placed out for purposes of collection no sooner than the day before collection and the end of the day after collection; or (c) if in order to comply with (4) above, the owner or occupant would be required to store the containers in a garage or to transport the containers more than five (5) feet over a grassed area because a garage is the nearest front plane of the dwelling. Under these circumstances, the containers may be stored directly in front of the garage and stacked no more than two containers deep at any one location. The diagram below illustrates where recyclable and refuse containers may and may not be stored under this subsection:

31 SECTION II: That subsection 7.06(5)(d) shall be amended to read as follows: (d) Storage and collection. Garbage and recycle carts shall be set out on the scheduled collection days at an easily accessible place on the premises at ground level as directed by the board of public works. The carts shall be easily accessible during winter months. Do not place carts on snow banks. Carts must be placed with the arrow facing the street and must be placed four (4) feet away from obstacles such as parked cars, mailboxes and utility poles, including other carts. Improperly placed carts will not be collected. Do not over stuff your carts, over stuffed carts do not allow for gravity to aid in the collection process and your carts may not completely empty.

32 SECTION III: This ordinance shall take effect upon passage and publication, as provided by law. APPROVED: Mike Wiza, Mayor Dated: December 6, 2017 Approved: December 18, 2017 Published: December 22, 2017 ATTEST: John Moe, City Clerk

33 MEMORANDUM TO: FROM: Common Council City Attorney Andrew Beveridge DATE: RE: December 2017 Ordinance Amendments Alderpersons: The purpose of this memo is to provide some background information on the ordinance amendments appearing on the Public Protection Committee Agenda this month. RMC 24.52: Marijuana Possession Prohibited This amendment is based on a request from Ald. McComb. It lowers the forfeiture amount for marijuana possession and 1 st offense marijuana paraphernalia possession from $ to $ Those amounts are the result of adding the applicable court costs, fees, and surcharges as required by statute for the Municipal Court. Thank you, Please contact me via phone or if you have any questions or comments. Andrew Beveridge City Attorney

34 ORDINANCE AMENDING THE REVISED MUNICIPAL CODE OF THE CITY OF STEVENS POINT, WISCONSIN The Common Council of the City of Stevens Point do ordain as follows: SECTION I: That Subsection 24.52(4)(a) of the Revised Municipal Code is hereby amended to read as follows: (4) PENALTY (a) Any person who violates any provision of this ordinance shall, upon conviction, be subject to a forfeiture of $5100. SECTION II: That part of Subsection of the Revised Municipal Code, Schedule of Cash Deposits for Drug Paraphernalia, is hereby amended to read as follows: Drug Paraphernalia Marijuana or THC related.5.00 Non-marijuana or THC related 1 st violation within 1 year Non-marijuana or THC related 2 nd violation within 1 year Non-marijuana or THC related 3 rd violation within 1 year SECTION III: That part of Subsection of the Revised Municipal Code, Schedule of Cash Deposits for Possession of Marijuana, is hereby amended to read as follows: Possession of Marijuana SECTION IV: This ordinance shall take effect upon passage and publication, as provided by law. APPROVED: Mike Wiza, Mayor ATTEST: John Moe, City Clerk Dated: November 1, 2017 Approved: November 20, 2017 Published: November 24, 2017

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