Town of North Hempstead, NY
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2023-11-14
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The Code
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Chapter 11A Cannabis
- The Code
- Ch 1 General Provisions
- Ch 2 Administration and Enforcement
- Ch 2A Unsafe Property and Buildings
- Ch 3 Attendance of Employees At Outside Meetings
- Ch 4 Appearance Tickets; Authority to Prosecute
- Ch 4A Balloons
- Ch 5 Bingo
- Ch 6 (Reserved)
- Ch 7 Building Code
- Ch 8 Building and Safety: Multiple Residence
- Ch 9 Building and Safety: Places of Assembly and Places of Public Assembly
- Ch 9A Building and Safety: Operating Permits
- Ch 10 Numbering of Buildings; Honorary Street Names
- Ch 10A Business Improvement Districts
- Ch 11 Cabarets, Restaurants and Other Places of Public Entertainment
- Ch 11A Cannabis
- Ch 11A Art I Cannabis Retail Dispensary and On-Site Consumption Establishment Opt-Out
- § 11A-1 Legislative intent.
- § 11A-2 Statutory authority.
- § 11A-3 Local opt-out.
- § 11A-4 Severability.
- § 11A-5 Permissive referendum; referendum on petition.
- § 11A-6 When effective.
- Ch 12 Circuses
- Ch 12A Commercial Handbills
- Ch 13 Dealers in Secondhand Merchandise
- Ch 14 Dogs
- Ch 14A Domestic Partnerships, Registration of
- Ch 15 Elections On Propositions
- Ch 15A Election Districts
- Ch 15B Town Clerk; Term of Office
- Ch 16 Employee Organizations
- Ch 16A Ethics, Code of
- Ch 16B Anti-Nepotism
- Ch 17 Excavations, Hazardous
- Ch 18 Highway Excavations and Curb Cuts
- Ch 19 Explosives
- Ch 20 Environmental Quality Review
- Ch 20A Environmental Planning, Conservation and Care of Trees
- Ch 20B Environmental Trust Fund
- Ch 20C Manhasset Bay Improvement Fund
- Ch 20D Environmental Legacy Fund
- Ch 20E WTC Relief Fund
- Ch 21 Floodplain Management Regulations
- Ch 22 Fire Prevention
- Ch 22A Games of Chance
- Ch 23 Governmental Departments
- Ch 23A Exemption of Real Property Within Villages
- Ch 24 Governmental Operations
- Ch 25 Grading and Soil Removal
- Ch 26 Highways: Notice of Defect
- Ch 27 Historic Landmarks Preservation
- Ch 28 Housing, Rehabilitation and Property Maintenance Code
- Ch 28A Housing, Open
- Ch 29 Inflammable Materials
- Ch 29A Underground Storage of Flammable and Other Hazardous Liquids
- Ch 30 Security Gates On Premises Located Within Any Business District
- Ch 31 Junk Dealers
- Ch 32 Drop-Off Bins
- Ch 33 Launderettes
- Ch 34 Littering and Dumping
- Ch 35 Materials, Deposit of
- Ch 36 Movies and Filming
- Ch 37 Mechanical Bucking Devices
- Ch 38 Noise
- Ch 38A Landscaping and Gardening
- Ch 39 Regulation of Town Parks, Town Gardens and Town Docks
- Ch 39A Payroll Deductions
- Ch 40 Peddlers and Solicitors
- Ch 40A Personal Property, Abandonment of
- Ch 41 Plumbing
- Ch 41A (Reserved)
- Ch 41B Public Parking Fields
- Ch 42 Public Waterways; Structures
- Ch 43 Regulation of Public Spaces
- Ch 44 Regulation of Alcoholic Beverages
- Ch 44A Retirement Incentive Program
- Ch 45 Sand Bank and Pit Excavations
- Ch 46 Sanitation
- Ch 46A Stormwater Management and Sediment and Erosion Control
- Ch 47 Sewers
- Ch 47A Water
- Ch 47B Storm Sewers
- Ch 48 Sidewalks
- Ch 49 Snow Removal, Snow Emergencies and Street Cleaning
- Ch 51 Taxation
- Ch 52 Taxicabs, Limousines and Private Livery Vehicles
- Ch 54 Tobacco
- Ch 55 Tow Trucks
- Ch 56 (Reserved)
- Ch 57 Town Facilities
- Ch 58 Governmental Transparency
- Ch 59 Town Lands, Shorefronts and Land Under Water
- Ch 59A Town Property: Notice of Defects
- Ch 60 Trade On Memorial Day
- Ch 61 Trespass
- Ch 62 Unattended Animals
- Ch 63 Unsafe Structures
- Ch 64 Utility Pole Space, Condemnation of
- Ch 64A Double Utility Poles, Removal of
- Ch 64B Utility Pole Hazardous Chemical Warning
- Ch 65 Vehicles and Traffic
- Ch 65A Vehicles, All-Terrain
- Ch 65B Failure to Stop for School Buses
- Ch 66 Skateboards, In-Line Skates and Similar Devices
- Ch 67 Bamboo
- Ch 69 Waterways and Regulation of Boats
- Ch 70 Zoning
- Ch 75 Wireless Telecommunications Facilities
- Appendix
- Ch 80 Locker Rental Fees For Town Beaches
- Ch 81 Fallout Shelter Rules and Regulations
- Ch 99 Miscellaneous Laws
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Art I General Provisions
- Art II Traffic Regulations
- Art III Parking, Standing and Stopping
- Art IV Off-Street Firesafety Parking Zones
- Art V Handicapped Parking
- Art VI Removal and Storage of Vehicles
- Art VII Miscellaneous Provisions
- Sch TC1 Traffic Control Signals
- Sch TC2 Speed Limits
- Sch TC3 School Speed Limits
- Sch TC4 One-Way Streets
- Sch TC5 U-Turn Prohibitions
- Sch TC6 Prohibited Turns At Intersections
- Sch TC7 Prohibited Right Turns On Red Signal
- Sch TC8 Stop Intersections
- Sch TC9 Yield Intersections
- Sch TC9A Gridlock Intersections
- Sch TC10 Trucks Over Certain Weights Excluded
- Sch TC11 Parking Prohibited At All Times
- Sch TC12 Parking of Commercial Vehicles Prohibited
- Sch TC13 Parking of Taxicabs Prohibited At All Times
- Sch TC14 No Stopping
- Sch TC15 No Standing
- Sch TC16 Parking Prohibited Certain Hours
- Sch TC17 No Stopping Certain Hours
- Sch TC18 No Standing Certain Hours
- Sch TC19 Time Limit Parking
- Sch TC20 Angle and Head-In Parking
- Sch TC21 Loading Zones
- Sch TC22 Taxi Stands
- Sch TC23 Bus Stops
- Sch TC24 Fire Lanes
- Sch TC25 Class A Fire Zones
- Sch TC26 Class B Fire Zones
- Sch TC27 Snow Emergency Routes
- Sch TC28 Commercial Vehicles Prohibited At All Times
- Sch TC29 Prohibited Street Entry
- Sch TC30 Lane Use Designations
- Sch TC31 Restricted Parking
- Sch TC32 (Reserved)
- Art IX Port Washington Public Parking District
- Art X Parking Area At Mary Jane Davies Green Park
- Art XI Prospect Avenue Parking Field
- Ch TCI Street Index
[HISTORY: Adopted by the Town Board of the Town of North
Hempstead as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-16-2021 by L.L. No. 29-2021]
It is the intent of the Town Board to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption sites in the
Town of North Hempstead that would otherwise be allowed under Article
4 of the New York State Marijuana Regulation and Taxation Act (the
"Cannabis Law").
This article is adopted pursuant to Cannabis Law § 131, which expressly authorizes the Town Board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24.
The Town Board of the Town of North Hempstead hereby opts out
of allowing cannabis retail dispensaries and on-site cannabis consumption
sites from being established and operated within the jurisdiction
of the Town.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof, 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 or circumstance
directly involved in the controversy in which such judgment or order
shall be rendered.
This article is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24.[1]
[1]
Editor's Note: No valid petition was filed.
This article shall take effect upon filing with the Secretary
of State.
