[HISTORY: Adopted by the Board of Trustees of the Village of Canastota as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1999 by L.L. No. 3-1999]
As used in this article, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:
- CONTROLLED SUBSTANCE
- Shall have the same meaning as defined in § 3302 of the Public Health Law.
- DRUG-RELATED PARAPHERNALIA
- Consists of the following objects used for the following purposes.
- A. Kits, used or designed for the purpose of planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
- B. Kits, used or designed for the purpose of manufacturing, compounding, converting, producing or preparing controlled substances.
- C. Isomerization devices used or designed for the purpose of increasing the potency of any species of plant which is a controlled substance.
- D. Scales and balances, used or designed for the purpose of weighing or measuring controlled substances.
- E. Diluents and adulterants, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for the purpose of cutting controlled substances.
- F. Separation gins, used or designed for the purpose of removing twigs and seeds in order to clean or refine marijuana.
- G. Hypodermic syringes, needles and other objects, used or designed for the purpose of parenterally injecting controlled substances into the human body.
- H. Objects used or designed for the purpose of ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body.
It shall be a violation of this article for any person, firm or corporation to possess with intent to sell, offer for sale or purchase drug-related paraphernalia under circumstances evincing knowledge that the paraphernalia is possessed, sold or purchased for one or more of the drug-related purposes stated in the section above.
Any person, firm or corporation who manufactured drug-related paraphernalia intending, or under circumstances evincing knowledge, that such paraphernalia is to be used in connection with one or more of the drug-related purposes specified in Subdivision 2 of § 850 of this article shall be guilty of a Class A misdemeanor.
A county, town, city or village which issues a license or permit authorizing any person, firm or corporation to engage in the selling or offering for sale of any merchandise may revoke such license or permit upon a finding, pursuant to a hearing held thereon, that such person, firm or corporation has sold or offered for sale merchandise in violation of this article.
The possession with intent to sell or offering for sale of drug-related paraphernalia as defined herein is hereby declared to be a nuisance, and where any such drug-related paraphernalia shall be taken from the possession of any person, the same shall be surrendered and forfeited to the Sheriff of the County wherein the same shall be taken, except that in a city having a population of 75,000 or more the same shall be surrendered and forfeited to the Police Commissioner or other head of the Police Force or Department of said city and except that in the counties of Nassau and Suffolk, the same shall be surrendered and forfeited to the Commissioner of the County Police Department.
The attorney general or any state or local health officer, town, village or city attorney, or the chief executive officer of a municipality may institute an action in a court of competent jurisdiction to enjoin any activity prohibited pursuant to § 851 of this article.
If such Court finds that any person, firm or corporation has sold or offered for sale any drug-related paraphernalia, it shall assess civil penalties against such person, firm or corporation in an amount not less than $1,000 nor more than $10,000 for each such violation.
[Adopted 5-2-2016 by L.L. No. 1-2016]
This article shall be known and cited as the "Drug Paraphernalia and Synthetic Marijuana Business Moratorium Law of the Village of Canastota, New York."
The Village Board of Trustees hereby finds that establishment of businesses selling drug paraphernalia, also sometimes commonly known as "head shops," presents a significant risk to the health, safety and welfare of the residents of the Village. As found and declared by the New York State Legislature in Section 852 of the General Business Law, "[t]he possession intent to sell or offering for sale of drug related paraphernalia as defined [therein] is . . . declared to be a nuisance ...." The Board of Trustees also finds that the selling of substances generally and generically referred to as "synthetic marijuana" presents a substantial risk to the public health safety and welfare based upon the well-known hazards and consequences of the use of these substances.
Such products and substances are often marketed in such a manner as to directly appeal to children, who are at particular risk of harm from the use of these products and substances. The establishment and/or expansion of businesses selling these products or substances also presents a potential detriment to the economic vitality and value of surrounding businesses and properties, in addition to presenting additional demands on already limited police and emergency rescue provider resources.
The Village Board further finds that no review of the Village Zoning Code as envisioned by this article has previously occurred, and that such a review is necessary to protect the future health, safety and welfare of present and future residents of the Village of Canastota.
The Board of Trustees of the Village of Canastota hereby adopts this article pursuant to its general zoning authority under Article 7 of the Village Law and its general home rule authority under the Municipal Home Rule Law for the purposes of addressing the potential threat to the public health, safety and welfare described at § 83-7 above.
For purposes of this article, unless otherwise defined herein, all words and terms used herein shall have the same meanings attributed to them in Article 39 of the New York General Business Law.
The term, "synthetic marijuana," as used herein, shall mean any product, whether described as tobacco, potpourri, herbs, incense, spice, aromatic, bath salts, synthetic marijuana, synthetic stimulant or any combination thereof, and whether marketed for the purpose of being ingested or otherwise marketed, which includes but is not limited to one or more of the following hallucinogenic substances:
1-pentyl-3 -(1-naphthoyl) indole; some trade or other names: JWH-018.
1-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073.
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or other names: JWH-200.
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: CP 47,497.
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; some trade or other names: cannabicyclohexanol; CP-47,497 C8- homolog; or
3, 4-methylenedioxypyrovalerone (MDPV).
3,4-Methylenedioxy-N-methylcathinone, commonly known as "Methylone."
Any substance prohibited in an Order for Summary Action in the Matter of the Sale and Distribution of Synthetic Cannabinoids issued by the New York State Department of Health, dated March 28, 2012, and any similar order subsequently issued by the State of New York Department of Health.
Any substance prohibited under federal law pursuant to the Synthetic Drug Abuse Prevention Act.
It is the intent of the Village Board to protect the public health, safety, and welfare by enacting this interim moratorium law for a reasonable period. During said period, the Village Planning Board, or such other panel or body as may be designated by the Village Board for this purpose shall complete an evaluation and assessment of existing land use plans and regulations for lands within the Village and make recommendations to the Village Board of Trustees as to potential amendments to address the potential threat to the public health, safety and welfare described in § 83-7 above. The Village Board shall thereafter enact necessary modifications to the Village Zoning Code and/or Zoning Map, thereby a race of diligence will be avoided. The Village Board declares that the enactment of this article is necessary to protect the public interest, including the public health, safety and welfare, while such examination and modifications are undertaken.
Except as otherwise provided herein, effective on the effective date of this article, and continuing until one year from the effective date of this article, unless the Village Board, by resolution, establishes an earlier date, no application for a permit, zoning permit, special permit, zoning variance, building permit, operating permit, site plan approval, subdivision approval, certificate of occupancy, certificate of compliance, temporary certificate, or other Village-level approval shall be accepted, processed, approved, approved conditionally, or issued for the construction, establishment, or use or operation of any land, building, or other structure located within the Village for any business or use that includes the sale or offering for sale of drug paraphernalia and/or synthetic marijuana, nor shall any such application be accepted, processed or continue to be processed with respect to any such property located in the Village of Canastota.
The Village Board may, by resolution, extend the moratorium period provided for herein by two additional periods not to exceed 180 days each.
The provisions of this article, and any moratorium (or extension thereof) enacted hereunder, shall supersede in their application to the Village of Canastota any and all contrary provisions of Chapter 230 of the Village Code of the Village of Canastota and of Article 7 of the New York Village Law, including, but not necessarily limited to the provisions of Village Law, Sections 7-706, 7-708, 7-712-a, 7-725-a, 7-725-b and 7-728, and/or any other provisions of Article 7 of the Village Law with respect to any time periods within which the Village or the Planning Board is required to act in regard to any application, and/or with respect to default approval of any such application within such time periods as may be prescribed in said Village Law.
The Village Board shall have the power, by resolution, to exempt or modify the application of any provision of this article with respect to a written request for such exemption or modification, upon its determination, in its absolute legislative discretion, that such exemption or modification is consistent with the spirit of the intended land use regulations upon which this article is based and with the health, safety, morals, and general welfare of the Village. The Village Board shall have absolute discretion in its determination whether to consider or grant any such request.
Upon receiving any such request for such exemption or modification, the Village Board may refer such request, along with the complete project application to which it pertains, to the Village Planning Board for a report of said Planning Board with respect to the effect of the requested exemption or modification upon the intended revisions of the land use regulations. Such report shall be returned by the Planning Board to the Village Board within 30 days of such referral.
Any person, firm, entity, or corporation acting in violation of the provisions of this article shall be guilty of an offense punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense. In addition to such penalties, the Village of Canastota may enforce this article by injunction and/or such other appropriate civil remedies as may be available.