[HISTORY: Adopted by the Board of Trustees of the Village
of Islandia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-6-2015 by L.L. No. 4-2015]
The purpose and intent of this chapter is to prohibit the sale
of marijuana for medicinal and recreational use and to prohibit the
sale of equipment and materials for marijuana use in the Village of
Islandia.
The Board of Trustees of the Village of Islandia, after a review
of impact on the environment, traffic, quality of life, services,
and other aspects of life in the Village of Islandia, after due deliberation,
hereby finds that it is in the best interests of the residents and
property owners and of the orderly development of the Village of Islandia
that the sale of marijuana and equipment and materials for marijuana
use should be prohibited in the Village of Islandia.
It is hereby prohibited to sell marijuana for medicinal, recreational
or any other use and it is prohibited to sell equipment and materials
for marijuana use in the Village of Islandia.
A.Â
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.Â
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.Â
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.Â
The election by the Village of Islandia to issue a violation or to
prosecute a violation of this chapter in the Islandia Village Court
shall not be exclusive and shall not preclude the Village of Islandia
from pursuing a civil remedy in a particular case.
E.Â
The Village of Islandia 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 of Islandia 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 a premises under this chapter, such election
shall not be an exclusive remedy, and the Village of Islandia 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 of Islandia for all legal and other costs incurred,
which shall be recoverable by the Village of Islandia as a money judgment
in that proceeding or in another proceeding commenced by the Village
of Islandia for that purpose.
The provisions of this 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 article shall stand, notwithstanding
the invalidity of any part.
[Adopted 8-31-2021 by L.L. No. 3-2021]
The Village of Islandia hereby elects to opt-out of the provisions
of the Cannabis Law allowing the establishment and licensing of retail
cannabis dispensaries and/or cannabis on-site consumption establishments
within the Village of Islandia and requests the Cannabis Control Board
to prohibit the establishment of such retail dispensary licenses and/or
on-site consumption licenses contained in Article Four of the Cannabis
Law within the Village of Islandia.
Upon the adoption of this chapter by the adoption of a local
law subject to permissive referendum, the Cannabis Control Board shall
not issue a retail dispensary license and/or an on-site consumption
license contained in Article Four of the Cannabis Law within the Village
of Islandia.
