[Adopted 7-15-2021 by L.L. No. 8-2021]
It is the intent of this article to opt the Incorporated Village
of New Hyde Park out of hosting retail cannabis dispensaries and/or
on-site cannabis 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.
The Board of Trustees of the Incorporated Village of New Hyde
Park, County of Nassau, hereby opts out of licensing and establishing
retail cannabis dispensaries and/or on-site cannabis 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.
[Adopted 7-15-2021 by L.L. No. 9-2021]
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, parking lots, parks, playgrounds or any
other Village-owned open spaces.
A violation of this article shall be punishable by a civil penalty
of $25.