[HISTORY: Adopted by the Board of Trustees of the Village of Lloyd Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-2021 by L.L. No. 3-2021]
A. 
The New York State Legislature has passed, and Governor Cuomo has signed the "Marijuana Tax and Reform Act" legalizing the recreational use and sale of cannabis products in New York which authorizes individuals over the age of 2 I to smoke or vape cannabis products wherever smoking is allowed under the Clean Indoor Air Act. The Clean Indoor Air Act prohibits the smoking or vaping of cannabis products in most workplaces, restaurants, bars, mass transportation, public transportation terminals, schools, colleges and universities, hospitals and indoor arenas. The smoking or vaping of cannabis products in outdoor spaces remains unregulated.
B. 
Accordingly, the Board of Trustees finds that it is in the public interest to regulate smoking and vaping of cannabis on Village-owned properties as it is determined that if left unregulated, such can be obnoxious or offensive to the surrounding community including children who are otherwise enjoying recreation time on Village-owned property, by reason of causing or emitting unreasonable levels of odor, smoke, and/or vapor, which is dangerous or harmful to the health, peace, comfort or safety of the community and tends to disturb or annoy the residents of the Village.
A. 
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, roads, parking lots, parks, preserves, playgrounds, beaches, campgrounds, or any other Village-owned open spaces.
B. 
Penalties. A violation of § 83-2A of this article shall be punishable by a civil penalty not exceeding $500.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
[Adopted 7-19-2021 by L.L. No. 2-2021]
It is the intent of this article to opt out the Village of Lloyd Harbor out of hosting retail cannabis dispensaries and/or on-site cannibis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities and villages to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their 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]
[1]
Editor's Note: No petition was filed.