[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 9-16-2014 by Ord. No. 2014-17. Amendments noted where applicable.]
Zoning — See Ch. 389.
The State of New Jersey has determined that there exists a beneficial use for marijuana in treating or alleviating the pain or other symptoms associated with certain debilitating medical conditions and therefore has adopted the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-1 et seq. (the "State Medical Marijuana Law"), which permits the production and dispensing of marijuana for medical purposes at "alternative treatment centers."
The regulations adopted pursuant to the State Medical Marijuana Act by the Department of Health and Senior Services, specifically N.J.A.C. 8:64-6.2(a)4, require that the Department of Health and Senior Services evaluate applications for alternative treatment centers by a number of criteria, including "community support and participation."
The regulations adopted pursuant to the State Medical Marijuana Law by the Department of Health and Senior Services, specifically N.J.A.C. 8:64-7.9(b), recognize that political subdivisions of New Jersey, including municipalities such as East Rutherford, have the authority to limit the number of alternative treatment centers that may operate in the municipality and may enact reasonable local ordinances applicable to alternative treatment centers.
Notwithstanding the State Medical Marijuana Law, marijuana continues to be a controlled dangerous substance and therefore must be carefully controlled to avoid abuses.
Therefore, through this chapter, the Borough exercises its authority under N.J.A.C. 8:64-7.9(b) to enact this chapter regulating alternative treatment centers.
Notwithstanding anything to the contrary, not more than one alternative treatment center may be located within the Borough of East Rutherford.
No alternative treatment center shall operate within the Borough of East Rutherford unless such center shall satisfy each of the following criteria:
Such center shall be located east of the easterly sideline of State Highway 17.
No part of the lot or premises on which such alternative treatment center is situated shall be located within a radius of 1,000 feet of the property line of:
A proposed alternative treatment center which does not satisfy the requirements of § 96-3 above shall be deemed to lack the community support of East Rutherford as required by N.J.A.C. 8:64-6.2(a)4.
Any person or entity convicted of violating any provision of this chapter shall be sentenced to a term of imprisonment in the county jail for a term not to exceed 90 days or be fined not less than $100 nor more than $2,500 for each offense. Each day in which such violation continues shall be deemed a separate offense.
Any person or entity convicted of violating any provision of this chapter within one year of the date of a previous conviction for violating this chapter shall be sentenced by the court as a repeat offender. The additional fine shall not be less than the minimum fine and shall not exceed the maximum fee fixed for a violation of this chapter. The additional fine shall be calculated separately from the fine imposed for violating this chapter.