[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. 
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 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. 
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.