[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Grove 12-3-2015 by L.L.
No. 5-2015. Amendments noted where applicable.]
[Amended 4-18-2019 by L.L. No. 3-2019]
The purpose and intent of this chapter is to prohibit the cultivation,
processing, or sale of marijuana for medicinal or recreational use
or marijuana equipment or materials within a two-mile radius of any
elementary school buildings in the Village of Lake Grove.
[Amended 4-18-2019 by L.L. No. 3-2019]
The Board of Trustees of the Village of Lake Grove after a review
of impact on quality of life in the Village, after due deliberation
hereby finds that it is in the best interests of the residents, property
owners and their children of the Village that the growing, processing
or sale of marijuana for medicinal and recreational purposes and the
use of a property in any zoning district of the Village for the same
shall be permitted only by special permit granted by the Village Board
in areas no closer than two miles of any elementary school buildings.
A.
A first violation of this chapter by any individual or entity shall
be punishable by a fine not to exceed $2,500; a second violation of
this chapter by any individual or entity shall be punishable by a
fine not to exceed $3,500; a third violation of this chapter by any
individual or entity and every violation thereafter shall be punishable
by a fine not to exceed $5,000.
B.
Each and every day that a violation of this chapter by any individual
or entity exists shall constitute a separate and new violation of
this chapter.
C.
The person committing the violation or the owner, the tenant, or
other user or occupant of the premises where a transaction or use
that is prohibited by this chapter or in the case of a violation of
this chapter shall each and all be in violation of this chapter and
subject individually to the fines and penalties hereunder.
D.
The election by the Village of Lake Grove to issue a violation or
to prosecute a violation of this chapter in Village Court shall not
be exclusive and shall not preclude the Village from pursuing a civil
remedy in a particular case.
E.
The Village may, at the election of the Board of Trustees, commence
a civil proceeding, including but not limited to an application for
injunctive or other relief to enjoin, stop or prevent a violation
of this chapter. In the event that the Village should elect or should
be required to commence a civil proceeding against an owner, tenant,
sublessor, sublessee, assignor, assignee, or occupant or user of a
premises, or premises under this chapter, such election shall not
be exclusive remedy, and the Village may continue to pursue other
enforcement actions and remedies, and the owner and tenant as defendants
or other defendants shall be liable to the Village for all legal and
other costs incurred, which shall be recoverable by the Village as
a money judgment in that proceeding or in another proceeding commenced
by the Village for that purpose.
The provisions of the chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in effect,
it being the legislative intent that this chapter shall stand, notwithstanding
the invalidity of any part.
