[HISTORY: Adopted by the City Council of the City of Canandaigua as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-2021 by Ord. No. 2021-003]
A. 
The City Council finds that cannabis smoke contains many of the same toxins and carcinogens, in similar amounts, to those found in directly inhaled cannabis smoke, as well as tetrahydrocannabinol (THC), which has an intoxicating effect. Such secondhand smoke is a nuisance and disturbing to the general health, safety, and welfare. While additional research on the health effects of secondhand cannabis smoke is needed, until such time, it is also presumed that secondhand cannabis smoke is likely to cause harmful and intoxicating effects.
B. 
The purpose of this article is to prohibit the smoking or vaping of cannabis in certain public places in order to reduce exposure to secondhand cannabis smoke to protect the public health, safety and welfare and to promote the public good.
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis as defined in the penal law, or cannabinoid hemp as defined in the cannabis law.
VAPING
The use of an electronic cigarette.
B. 
Prohibited. No person shall smoke or vape cannabis while such person is in or upon any public sidewalk, street, highway, parking lot, bathing beach, public park, or such other public place as defined in § 240.00 of the Penal Law of the State of New York.
Any person who shall violate any of the provisions of this article shall be subject to a civil penalty of $25 or community service not to exceed 20 hours.
[Adopted 8-5-2021 by L.L. No. 2021-002[1]]
[1]
Editor's Note: This local law was subject to permissive referendum, but no referendum was called within the applicable time period.
It is the intent of this article to opt the City of Canandaigua out of hosting on-site cannabis consumption establishments within its boundaries.
This article is adopted pursuant to Cannabis Law § 131, which expressly authorizes cities to opt out of allowing retail cannabis dispensaries and/or on-site cannabis consumption establishments to locate and operate within their boundaries.
The City Council of the City of Canandaigua, County of Ontario, hereby opts out of licensing and establishing 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.