[Adopted 12-8-2021 by L.L. No. 2-2022]
It is the intent of this article to opt out of allowing on-site
cannabis consumption sites in the Town of Horseheads that would otherwise
be allowed under Cannabis Law Article 4.
This article is adopted pursuant to Cannabis Law § 13,
which expressly authorizes the Town Board to adopt a local law requesting
the Cannabis Control Board to prohibit the establishment of 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 Horseheads hereby opts out of
allowing on-site cannabis consumption sites from being established
and operated within the Town jurisdiction.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
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, individual,
firm or corporation, 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.
This article shall take effect immediately upon filing with
the Secretary of State.
[Adopted 6-14-2023 by L.L. No. 2-2023; amended in its entirety 8-9-2023 by L.L. No. 3-2023]
For definitions, reference shall be made to the MRTA, as the
same may be amended from time to time.
This Local Law may be enforced by the Code Enforcement Office
of the Town of Horseheads, Chemung County Sheriff, New York State
Police or such other enforcement individual(s) as may be designated
by the Town Board. It shall be the duty of the enforcement individual(s)
to advise the Town Board of all matters pertaining to the enforcement
of this Local Law and to keep all records necessary and appropriate
to the office and to file the same in the office of the Town Code
Enforcement.