[HISTORY: Adopted by the Board of Trustees of the Village
of Lloyd Harbor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-19-2021 by L.L. No. 3-2021]
A.
The New York State Legislature has passed, and Governor Cuomo has
signed the "Marijuana Tax and Reform Act" legalizing the recreational
use and sale of cannabis products in New York which authorizes individuals
over the age of 2 I to smoke or vape cannabis products wherever smoking
is allowed under the Clean Indoor Air Act. The Clean Indoor Air Act
prohibits the smoking or vaping of cannabis products in most workplaces,
restaurants, bars, mass transportation, public transportation terminals,
schools, colleges and universities, hospitals and indoor arenas. The
smoking or vaping of cannabis products in outdoor spaces remains unregulated.
B.
Accordingly, the Board of Trustees finds that it is in the public
interest to regulate smoking and vaping of cannabis on Village-owned
properties as it is determined that if left unregulated, such can
be obnoxious or offensive to the surrounding community including children
who are otherwise enjoying recreation time on Village-owned property,
by reason of causing or emitting unreasonable levels of odor, smoke,
and/or vapor, which is dangerous or harmful to the health, peace,
comfort or safety of the community and tends to disturb or annoy the
residents of the Village.
A.
No person shall smoke or vape cannabis or concentrated cannabis as
those terms are defined by § 222.00 of the New York State
Penal Law on any Village-owned property including but not limited
to buildings, roads, parking lots, parks, preserves, playgrounds,
beaches, campgrounds, or any other Village-owned open spaces.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgement shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
[Adopted 7-19-2021 by L.L. No. 2-2021]
It is the intent of this article to opt out the Village of Lloyd
Harbor out of hosting retail cannabis dispensaries and/or on-site
cannibis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes cities and villages to opt out of allowing
retail cannabis dispensaries and/or on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Board of Trustees of the Village of Lloyd Harbor, County
of Suffolk, hereby opts out of licensing and establishing cannabis
retail dispensaries and/or cannabis on-site consumption establishments
within its boundaries.
If a court determines that any clause, sentence, paragraph,
subdivision, or part of this article or the application thereof to
any person, firm or corporation, or circumstance is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this article
or in its application to the person, individual, firm or corporation
or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State. Pursuant to Cannabis Law § 131,
this article is subject to a permissive referendum and thus may not
be filed with the Secretary of State until the applicable time period
has elapsed to file a petition, or a referendum has been conducted
approving this article.[1]
[1]
Editor's Note: No petition was filed.
