[HISTORY: Adopted by the Board of Trustees
of the Village of Canastota as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-1-1999 by L.L. No. 3-1999]
As used in this article, unless the context
clearly requires otherwise, the following words or terms shall have
the following meanings:
Shall have the same meaning as defined in § 3302
of the Public Health Law.
Consists of the following objects used for the following
purposes.
Kits, used or designed for the purpose of planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits, used or designed for the purpose of manufacturing,
compounding, converting, producing or preparing controlled substances.
Isomerization devices used or designed for the
purpose of increasing the potency of any species of plant which is
a controlled substance.
Scales and balances, used or designed for the
purpose of weighing or measuring controlled substances.
Diluents and adulterants, including but not
limited to quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used or designed for the purpose of cutting controlled substances.
Separation gins, used or designed for the purpose
of removing twigs and seeds in order to clean or refine marijuana.
Hypodermic syringes, needles and other objects,
used or designed for the purpose of parenterally injecting controlled
substances into the human body.
Objects used or designed for the purpose of
ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish
or hashish oil into the human body.
It shall be a violation of this article for
any person, firm or corporation to possess with intent to sell, offer
for sale or purchase drug-related paraphernalia under circumstances
evincing knowledge that the paraphernalia is possessed, sold or purchased
for one or more of the drug-related purposes stated in the section
above.
Any person, firm or corporation who manufactured
drug-related paraphernalia intending, or under circumstances evincing
knowledge, that such paraphernalia is to be used in connection with
one or more of the drug-related purposes specified in Subdivision
2 of § 850 of this article shall be guilty of a Class A
misdemeanor.
A.
A county, town, city or village which issues a license
or permit authorizing any person, firm or corporation to engage in
the selling or offering for sale of any merchandise may revoke such
license or permit upon a finding, pursuant to a hearing held thereon,
that such person, firm or corporation has sold or offered for sale
merchandise in violation of this article.
B.
The possession with intent to sell or offering for
sale of drug-related paraphernalia as defined herein is hereby declared
to be a nuisance, and where any such drug-related paraphernalia shall
be taken from the possession of any person, the same shall be surrendered
and forfeited to the Sheriff of the County wherein the same shall
be taken, except that in a city having a population of 75,000 or more
the same shall be surrendered and forfeited to the Police Commissioner
or other head of the Police Force or Department of said city and except
that in the counties of Nassau and Suffolk, the same shall be surrendered
and forfeited to the Commissioner of the County Police Department.
A.
The attorney general or any state or local health
officer, town, village or city attorney, or the chief executive officer
of a municipality may institute an action in a court of competent
jurisdiction to enjoin any activity prohibited pursuant to § 851
of this article.
B.
If such Court finds that any person, firm or corporation
has sold or offered for sale any drug-related paraphernalia, it shall
assess civil penalties against such person, firm or corporation in
an amount not less than $1,000 nor more than $10,000 for each such
violation.
[Adopted 5-2-2016 by L.L.
No. 1-2016]
This article shall be known and cited as the "Drug Paraphernalia
and Synthetic Marijuana Business Moratorium Law of the Village of
Canastota, New York."
The Village Board of Trustees hereby finds that establishment
of businesses selling drug paraphernalia, also sometimes commonly
known as "head shops," presents a significant risk to the health,
safety and welfare of the residents of the Village. As found and declared
by the New York State Legislature in Section 852 of the General Business
Law, "[t]he possession intent to sell or offering for sale of drug
related paraphernalia as defined [therein] is . . . declared to be
a nuisance ...." The Board of Trustees also finds that the selling
of substances generally and generically referred to as "synthetic
marijuana" presents a substantial risk to the public health safety
and welfare based upon the well-known hazards and consequences of
the use of these substances.
Such products and substances are often marketed in such a manner
as to directly appeal to children, who are at particular risk of harm
from the use of these products and substances. The establishment and/or
expansion of businesses selling these products or substances also
presents a potential detriment to the economic vitality and value
of surrounding businesses and properties, in addition to presenting
additional demands on already limited police and emergency rescue
provider resources.
The Village Board further finds that no review of the Village
Zoning Code as envisioned by this article has previously occurred,
and that such a review is necessary to protect the future health,
safety and welfare of present and future residents of the Village
of Canastota.
The Board of Trustees of the Village of Canastota hereby adopts this article pursuant to its general zoning authority under Article 7 of the Village Law and its general home rule authority under the Municipal Home Rule Law for the purposes of addressing the potential threat to the public health, safety and welfare described at § 83-7 above.
A.
For purposes of this article, unless otherwise defined herein, all
words and terms used herein shall have the same meanings attributed
to them in Article 39 of the New York General Business Law.
B.
The term, "synthetic marijuana," as used herein, shall mean any product,
whether described as tobacco, potpourri, herbs, incense, spice, aromatic,
bath salts, synthetic marijuana, synthetic stimulant or any combination
thereof, and whether marketed for the purpose of being ingested or
otherwise marketed, which includes but is not limited to one or more
of the following hallucinogenic substances:
(1)
1-pentyl-3 -(1-naphthoyl) indole; some trade or other names: JWH-018.
(2)
1-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073.
(3)
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or
other names: JWH-200.
(4)
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; some
trade or other names: CP 47,497.
(5)
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; some
trade or other names: cannabicyclohexanol; CP-47,497 C8- homolog;
or
(6)
4-methylmethcathinone (Mephedrone).
(7)
3, 4-methylenedioxypyrovalerone (MDPV).
(8)
3,4-Methylenedioxy-N-methylcathinone, commonly known as "Methylone."
(9)
3-methoxymethcathinone.
(10)
3-fluoromethcathinone.
(11)
4-fluoromethcathinone.
(12)
Any substance prohibited in an Order for Summary Action in the Matter
of the Sale and Distribution of Synthetic Cannabinoids issued by the
New York State Department of Health, dated March 28, 2012, and any
similar order subsequently issued by the State of New York Department
of Health.
(13)
Any substance prohibited under federal law pursuant to the Synthetic
Drug Abuse Prevention Act.
It is the intent of the Village Board to protect the public health, safety, and welfare by enacting this interim moratorium law for a reasonable period. During said period, the Village Planning Board, or such other panel or body as may be designated by the Village Board for this purpose shall complete an evaluation and assessment of existing land use plans and regulations for lands within the Village and make recommendations to the Village Board of Trustees as to potential amendments to address the potential threat to the public health, safety and welfare described in § 83-7 above. The Village Board shall thereafter enact necessary modifications to the Village Zoning Code and/or Zoning Map, thereby a race of diligence will be avoided. The Village Board declares that the enactment of this article is necessary to protect the public interest, including the public health, safety and welfare, while such examination and modifications are undertaken.
A.
Except as otherwise provided herein, effective on the effective date
of this article, and continuing until one year from the effective
date of this article, unless the Village Board, by resolution, establishes
an earlier date, no application for a permit, zoning permit, special
permit, zoning variance, building permit, operating permit, site plan
approval, subdivision approval, certificate of occupancy, certificate
of compliance, temporary certificate, or other Village-level approval
shall be accepted, processed, approved, approved conditionally, or
issued for the construction, establishment, or use or operation of
any land, building, or other structure located within the Village
for any business or use that includes the sale or offering for sale
of drug paraphernalia and/or synthetic marijuana, nor shall any such
application be accepted, processed or continue to be processed with
respect to any such property located in the Village of Canastota.
B.
The Village Board may, by resolution, extend the moratorium period
provided for herein by two additional periods not to exceed 180 days
each.
The provisions of this article, and any moratorium (or extension thereof) enacted hereunder, shall supersede in their application to the Village of Canastota any and all contrary provisions of Chapter 230 of the Village Code of the Village of Canastota and of Article 7 of the New York Village Law, including, but not necessarily limited to the provisions of Village Law, Sections 7-706, 7-708, 7-712-a, 7-725-a, 7-725-b and 7-728, and/or any other provisions of Article 7 of the Village Law with respect to any time periods within which the Village or the Planning Board is required to act in regard to any application, and/or with respect to default approval of any such application within such time periods as may be prescribed in said Village Law.
A.
The Village Board shall have the power, by resolution, to exempt
or modify the application of any provision of this article with respect
to a written request for such exemption or modification, upon its
determination, in its absolute legislative discretion, that such exemption
or modification is consistent with the spirit of the intended land
use regulations upon which this article is based and with the health,
safety, morals, and general welfare of the Village. The Village Board
shall have absolute discretion in its determination whether to consider
or grant any such request.
B.
Upon receiving any such request for such exemption or modification,
the Village Board may refer such request, along with the complete
project application to which it pertains, to the Village Planning
Board for a report of said Planning Board with respect to the effect
of the requested exemption or modification upon the intended revisions
of the land use regulations. Such report shall be returned by the
Planning Board to the Village Board within 30 days of such referral.
Any person, firm, entity, or corporation acting in violation
of the provisions of this article shall be guilty of an offense punishable
by a fine not to exceed $250 or imprisonment of not more than 15 days,
or both. Each day of continuance of an offense shall be considered
a separate offense. In addition to such penalties, the Village of
Canastota may enforce this article by injunction and/or such other
appropriate civil remedies as may be available.
