[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-19-2021 by L.L. No. 17-2021]
A.
New York State's recent decriminalization of recreational marijuana
allows local municipalities to impose their own local smoking and
vaping restrictions that may be more stringent than what is mandated
under Public Health Law Article 13-E (the "Clean Air Act").
B.
The purpose of this article is to prohibit the use of cannabis and
marijuana in certain public places in order to prevent disturbance
to the public; to protect the public health, safety and welfare; to
promote the public good; and to publish rules on the local use and
restrictions in effect within the Village of Briarcliff Manor.
As used in this article, unless the context or subject matter
otherwise requires, the following words shall have the following meanings:
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp, or hemp extract as defined by NYS MRTA or
any drug products approved by the federal Food and Drug Administration.
The separated resin, whether crude or purified, obtained from
a plant of the genus cannabis; or
A material, preparation, mixture, compound or other substance
which contains more than 3% by weight of delta-9 tetrahydrocannabinol,
or its isomer, delta-9 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol
or its isomer, delta 1 (6) monoterpene numbering system.
For the purposes of this article, "marijuana" may be used
interchangeably with "cannabis."
Notwithstanding any other provision of this article to the contrary,
and consistent with the New York State Laws (Chapter 7-A, Cannabis
Law) any individual 21 or older may:
A.
Possess, display, purchase, obtain, or transport up to three ounces
of cannabis and up to 24 grams of concentrated cannabis in public;
B.
Transfer, without compensation, to another person 21 or older, up
to three ounces of cannabis and up to 24 grams of concentrated cannabis;
C.
Use, smoke, ingest, or consume cannabis or concentrated cannabis
unless otherwise prohibited by state law, or other restrictions herein;
D.
Possess, use, display, purchase, obtain, manufacture, transport or
give to any person 21 or older cannabis paraphernalia or concentrated
cannabis paraphernalia;
E.
Plant, cultivate, harvest, dry, process or possess cultivated cannabis
in accordance with Penal Law § 222.15; and
F.
Assist another person who is 21 or older or allow property to be
used in any of the acts described in the preceding subsections.
The following restrictions do not apply to smoking, vaping,
or consumption in a residence or within the real property boundary
lines of residential real property:
A.
Outdoor restrictions.
(1)
No person shall, within the Village of Briarcliff Manor, smoke or
vape marijuana in any area where tobacco smoking is also prohibited,
including while such person is in, upon, or within 100 feet of any
of the following outdoor areas:
(a)
Public transportation facilities;
(b)
Public parking lots;
(c)
Public swimming pools;
(d)
Playgrounds;
(e)
Public parks;
(f)
Ticketing, boarding or platform areas of railroad stations operated
by the MTA; or
(g)
On the grounds of hospitals and residential health-care facilities,
except in lawful, designated areas.
(2)
No person shall, within the Village of Briarcliff Manor, smoke or
vape marijuana or tobacco products in any covered municipal structure,
except within any clearly marked, designated area.
B.
Indoor restrictions.
(1)
With respect to smoking and vaping, cannabis is treated the same
as smoking or vaping tobacco products. Consequently, pursuant to Public
Health Law Article 13-E, tobacco and cannabis products may not be
smoked or vaped in the following indoor areas:
(a)
Places of employment;
(b)
Bars;
(c)
Food service establishments, except as provided in Public Health
Law § 1399-q;
(d)
Enclosed indoor areas open to the public containing a swimming
pool;
(e)
Public means of mass transportation, including waiting areas
and, when occupied by passengers, buses, vans, taxicabs and limousines;
(f)
Ticketing, boarding and waiting areas in public transportation
terminals;
(g)
Youth detention centers and facilities;
(h)
Any facility that provides child-care services;
(i)
Child day-care centers;
(j)
Group homes for children;
(k)
Public institutions for children;
(l)
Residential treatment facilities for children and youth;
(m)
All public and private colleges, universities and other educational
and vocational institutions, including dormitories, residence halls,
and other group residential facilities that are owned or operated
by such colleges, universities and other educational and vocational
institutions, except that these restrictions do not apply in any off-campus
residential unit occupied by a person who is not enrolled as an undergraduate
student in such college, university or other educational or vocational
institution;
(n)
General hospitals and residential health-care facilities;
(o)
Commercial establishments used for the purpose of carrying on
or exercising any trade, profession, vocation or charitable activity;
(p)
Indoor arenas;
(q)
Zoos; and
(r)
Bingo facilities.
C.
Schools and libraries. Pursuant to Penal Law § 222.10 and
Public Health Law Article 13-E, individuals may not smoke, vape or
ingest cannabis or concentrated cannabis on school grounds (as defined
by Education Law § 1125, Subdivision 10, within 100 feet
of entrance, exit or outdoor areas of an elementary or secondary school
or of a public library (except this does not apply to smoking or vaping
in a residence or within the real property boundary lines of residential
real property), or in or on a school bus.
D.
No person shall, within the Village of Briarcliff Manor, smoke or
vape marijuana or tobacco products inside of any municipal building,
except within any clearly marked, designated area.
E.
Smoking and vaping shall not be permitted where prohibited by any
other law, rule, or regulation of any state or county agency.
A.
Individuals 21 or older may plant, cultivate, harvest, dry, process
and possess up to three mature cannabis plants and three immature
cannabis plants at their private residence at any one time.
B.
Cannabis must be securely stored by reasonable steps designed so
that the plants are not accessible to any person under 21.
C.
No more than six mature and six immature cannabis plants may be cultivated
within any private residence, regardless of the number of individuals
21 or older who reside there. Individuals may lawfully possess up
to five pounds of cannabis in their private residence or on the grounds
of their private residence, so long as they take reasonable steps
designed to ensure that the cannabis is in a secured place not accessible
to any person under 21.
D.
Personal cultivation of cannabis pursuant to NYS Penal Law § 222.15
is not allowed until the NYS Office of Cannabis Management issues
regulations for home cultivation and storage.
Any person, upon conviction for a violation of this article,
shall be guilty of a violation as defined in Article 222, Cannabis,
of the NYS Penal Law, and shall be subject to civil penalties of no
more than $200.
If any provision of this article or application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of this article that can be
given effect without the invalid provision or application, and to
this end the provisions of this article are declared severable.
[Adopted 12-7-2021 by L.L. No. 3-2022]
It is the intent of this article to opt the Village of Briarcliff
Manor out of hosting retail cannabis dispensaries and 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 on-site cannabis consumption establishments
to locate and operate within their boundaries.
The Board of Trustees of the Village of Briarcliff Manor, County
of Westchester, hereby opts out of licensing and establishing retail
cannabis 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]
[1]
Editor's Note: No valid petition requesting such referendum
was filed as of 1-7-2021.
