[Adopted 6-21-2005 by L.L. No. 1-2005]
As used in this article, the following terms shall have the
meanings indicated:
AWOL
A device which mixes spirits with pure oxygen to produce
a cloudy vapor which can be inhaled or snorted.
PERSON
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint
stock association, or other entity or business organization of any
kind.
Pursuant to Article 9, Section 2(C)10 of the New York State
Constitution, governing protection, health, safety, and well-being
of persons, no person shall possess, purchase, offer for sale or use
an AWOL machine or alcohol vapor device within the County of Saratoga.
Any person who intentionally violates any provision of §
137-3 of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000. Each such violation shall constitute a separate and distinct offense.
This article shall apply to any actions occurring on or after
the effective date of this article.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Saratoga. The County Board may determine via mere resolution
whether or not identical or substantially similar statewide legislation
has been enacted for the purposes of triggering the provisions of
this section.
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 judgment 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 circumstances directly involved in the controversy
in which such order or judgment shall be rendered.
This Board, being the State Environmental Quality Review Act
(SEQRA) lead agency, hereby finds and determines that this article
constitutes a Type II action pursuant to Section 617.5(c)(20), (21),
and/or (27) of Title 6 of the New York Code of Rules and Regulations
(6 NYCRR) and within the meaning of § 8-0109, Subdivision
2, of the New York Environmental Conservation Law as a promulgation
of regulations, rules, policies, procedures, and legislative decisions
in connection with continuing agency administration, management and
information collection.