[HISTORY: Adopted by the Board of Trustees of the Village
of Lindenhurst as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-7-2021 by L.L. No. 9-2021]
The Village Of Lindenhurst has determined that it is necessary
to opt out of hosting retail dispensaries and on-site cannabis consumption
establishments within its boundaries that would otherwise be allowed
under Cannabis Law Article 4. Such opt-out mentioned above is necessary
for the protection and maintenance of health, safety and welfare of
the inhabitants of the Village. The Board of Trustees finds that this
new article is reasonably aimed at achieving this goal and that the
governance of the Village will be enhanced by enactment of the regulations
set forth in this section.
This article is adopted pursuant to Cannabis Law § 131,
which expressly authorizes the Village 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 Village and is subject to
a permissive referendum, the procedure of which is governed by Municipal
Home Rule Law § 24.
The Village Board of the Village Of Lindenhurst hereby opts
out of allowing cannabis retail dispensaries and on-site cannabis
consumption sites from being established and operated within the jurisdiction
of the Village.
[Adopted 12-7-2021 by L.L. No. 10-2021]
The Village of Lindenhurst has determined that it is necessary
to prohibit the smoking or vaping of cannabis products on Village-owned
properties. Whereas, the New York State Legislature and Governor Cuomo
have passed the "Marijuana Tax and Reform Act" which legalizes the
recreational use and sale of cannabis products. Whereas, individuals
above the age of 21 can smoke cannabis products pursuant to the Clean
Indoor Air Act. The Clean Indoor Air Act prohibits smoking cannabis
in areas such as workplaces, restaurants, bars, mass transportation,
public transportation terminals, colleges and universities, schools,
indoor arenas and hospitals. The smoking or vaping of cannabis in
outdoor places in unregulated. Such proposed law is necessary for
the protection and maintenance of health, safety and welfare of the
inhabitants of the Village. It is the interest of the Village of Lindenhurst
residents to prohibit the use of cannabis in public places. The Board
of Trustees finds that this article is reasonably aimed at achieving
this goal and that the governance of the Village will be enhanced
by enactment of the regulations set forth in this article.
A.
The Board of Trustees of the Village of Lindenhurst proposes this
law pursuant to the Clean Indoor Air Act which prohibits the vaping
or smoking of cannabis products in most workplaces, bars, restaurants,
mass transportation, public transportation, terminals, schools, colleges
and universities, hospitals and indoor arenas. The MRTA adds cannabis
to the Clean Indoor Air Act, which establishes prohibitions on where
cannabis can be smoked or vaporized. The smoking or vaporizing of
cannabis is prohibited anywhere smoking tobacco is prohibited. Because
smoking tobacco is prohibited in Village parks, smoking or vaporizing
cannabis is also prohibited.
B.
Furthermore, no person shall smoke or cannabis as those terms defined
in § 222.00 of the New York State Penal Law on any Village-owned
property including but not limited to buildings, sidewalks, parking
lots, parks, preserves, playgrounds, beaches, campgrounds, or any
other Village-owned open spaces.
C.
Smoking is prohibited within a fifty-foot radius of all entrances
to all Village buildings and facilities located within the Village
of Lindenhurst which are either owned or leased by the Village of
Lindenhurst and which are designated as accessible by the public.
