[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-3-2021 by L.L. No. 3-2021[1]]
[1]
Editor's Note: This legislation was originally adopted as Ch. 251, but was renumbered to maintain the alphabetical organization of the Code.
It is the intent of this article to opt the Incorporated Village of Lynbrook out of hosting both retail cannabis dispensaries and on-site cannabis consumption establishments within its boundaries.
This article is adopted pursuant to New York Cannabis Law § 131, which expressly authorizes villages to opt out of allowing retail cannabis dispensaries and on-site cannabis consumption establishments to locate and operate within their boundaries.
The Board of Trustees of the Village of Lynbrook, County of Nassau, hereby opts out of licensing and establishing cannabis retail dispensaries and cannabis on-site consumption establishments within its boundaries.
If a court determines that any clause, sentence, paragraph, subdivision, or part of this article or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this article or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing with the Secretary of State. Pursuant to Cannabis Law § 131, this article is subject to a permissive referendum and thus may not be filed with the Secretary of State until the applicable time period has elapsed to file a petition or a referendum has been conducted approving this article.[1]
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Editor's Note: No valid petition requesting such referendum was filed as of 6-8-2021.
[Adopted 10-18-2021 by L.L. No. 5-2021]
No person shall smoke or vape cannabis or concentrated cannabis as those terms are defined by § 222.00 of the New York State Penal Law on any Village-owned property, including, but not limited to, buildings, sidewalks, walking trails, parking lots, parks, playgrounds, athletic fields or any other Village-owned open spaces.
A violation of this article shall be punishable by a civil penalty of up to $250.
This article shall take effect immediately upon filing with the Secretary of State.