[Adopted 12-14-2021 by L.L. No. 67-2021]
The Town Board intends to promote the health, safety, and general welfare of citizens by regulating the smoking and vaping of cannabis on streets and sidewalks. Pedestrians and property owners deserve the right to be free from exposure to smoke while on the public right of way or adjacent properties. In addition, the Town Board finds that, due to its intoxicating effects, similar to alcohol, the smoking and vaping of cannabis on the streets and sidewalks is likely to lead to traffic and other public safety hazards, and otherwise be detrimental to nearby properties.
For the purpose of this article, the following terms and phrases shall have the meanings indicated:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined in section three of the New York State Cannabis Law or drug products approved by the Federal Food and Drug Administration.
ELECTRONIC CIGARETTE
Electronic device that delivers vapor or an aerosol which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
SMOKE
Burn a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis.
VAPE
Use an electronic device that delivers vapor or an aerosol which is inhaled by an individual user.
No person shall smoke or vape cannabis on any sidewalks or streets, whether in a vehicle or otherwise, within the unincorporated area of the Town of Huntington.
A violation of § 173-22 shall be punishable by a civil penalty of twenty-five ($25) dollars. Any person found by the Bureau of Administrative Adjudication to have violated § 173-22 shall likewise be subject to a monetary penalty of twenty-five ($25) dollars.