[HISTORY: Adopted by the Board of Trustees of the Village
of Islandia 10-27-2015 by L.L.
No. 6-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Drug paraphernalia — See Ch. 68.
The purpose and intent of this chapter is to prohibit hookah
and vapor bars and establishments and the sale of hookah and vapor
equipment and materials in the Village of Islandia.
The Board of Trustees of the Village of Islandia after a review
of impact on the environment, traffic, quality of life, services,
and other aspects of life in the Village of Islandia, after due deliberation,
hereby finds that hookah and vapor bars and establishments have a
negative impact on the environment, traffic, quality of life, services,
and other aspects of life in the Village of Islandia and it is in
the best interests of the residents and property owners and of the
orderly development of the Village of Islandia that hookah and vapor
bars and establishments and the sale of hookah and vapor equipment
and materials be prohibited in the Village of Islandia.
Hookah and vapor bars and establishments are hereby prohibited
in the Village of Islandia. A hookah and vapor bar and establishment
is a premises where hookah and vapor use or the sale of hookah and
vapor equipment and materials is a primary or secondary activity.
The sale of hookah or vapor equipment or materials is prohibited
in the Village of Islandia.
A.
A first violation of this chapter by any individual or entity shall
be punishable by a fine not to exceed $2,500; a second violation of
this chapter by any individual or entity shall be punishable by a
fine not to exceed $3,500; a third violation of this chapter by any
individual or entity and every violation thereafter shall be punishable
by a fine not to exceed $5,000.
B.
Each and every day that a violation of this chapter by any individual
or entity exists shall constitute a separate and new violation of
this chapter.
C.
The owner, the tenant, or other operator, user or occupant of the
premises under a transaction or use that is prohibited by this chapter
or in the case of a violation of this chapter shall each and all be
in violation of this chapter and subject individually to the fines
and penalties hereunder.
D.
The election by the Village of Islandia to issue a violation or to
prosecute a violation of this chapter in the Islandia Village Court
shall not be exclusive and shall not preclude the Village of Islandia
from pursuing a civil remedy in a particular case.
E.
The Village of Islandia may, at the election of the Board of Trustees,
commence a civil proceeding including but not limited to an application
for injunctive or other relief to enjoin, stop or prevent a violation
of this chapter. In the event that the Village of Islandia should
elect or should be required to commence a civil proceeding against
an owner, tenant, sublessor, sublessee, assignor, assignee, or occupant
or user of a premises, or a premises under this chapter, such election
shall not be an exclusive remedy, and the Village of Islandia may
continue to pursue other enforcement actions and remedies, and the
owner and tenant as defendants or other defendants shall be liable
to the Village of Islandia for all legal and other costs incurred,
which shall be recoverable by the Village of Islandia as a money judgment
in that proceeding or in another proceeding commenced by the Village
of Islandia for that purpose.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand, notwithstanding
the invalidity of any part.