JUNE 21, 2021                                                                          PUBLIC HEARING

 

                                                                                                VILLAGE OF GREENWOOD LAKE

                                                                                                PO BOX 7, 18 CHURCH ST

                                                                                                GREENWOOD LAKE, NY 10925

 

 

PRESENT:        MAYOR:          JESSE DWYER

 

                        TRUSTEES:      KATHELEEN HOLDER

                                                KELLIANN KELM

                                                CHAD SELLIER

 

                        ATTORNEY:    JOHN BUCKHEIT

 

ABSENT:          TRUSTEE:       THOMAS HOWLEY

                        VILL CLERK:  PATRICIA OLSEN

 

 

 

MAYOR DWYER STATED THIS IS A PUBLIC HEARING ON SMOKING MARIJUANA IN PUBLIC.  THE LEGISLATURE IN THE STATE DID MAKE IT LEGAL TO CONSUME MARIJUANA ANYWHERE THAT YOU CAN SMOKE TOBACCO, BUT WE FEEL THAT IT IS IMPORTANT TO RESTRICT THAT IN PUBLIC WHERE PEOPLE CAN SEE IT, SMELL IT, ETC. 

 

TRUSTEE KELM READ CHAPTER 77 PUBLIC SAFETY

 

Chapter 77.  Public Safety

Article I.  Alcoholic Beverages & Cannabis: Loitering

  • 77-1. Purpose.

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It is the intent of the Village of Greenwood Lake, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the Village by enacting this article, since it is the finding of the Board of Trustees that the loitering by persons on certain public lands and/or the possession of open containers of alcoholic beverages by persons on certain public lands, with the intent to consume the same, and/or the smoking or consuming of cannabis by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village of Greenwood Lake in that such conduct contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior.  It is further the intent of the Board of Trustees that this article shall not be considered as a traffic regulation, insofar as it relates to motor vehicles or the operation thereof.

  • 77-2. Title.

This article shall be known as the “Public Safety Law of the Village of Greenwood Lake.”

  • 77-3. Definitions.

For the purpose of this article, the following terms shall have the meanings ascribed to them.  All of the words shall have the meanings normally ascribed to them in regular usage.

ALCOHOLIC BEVERAGES

Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.

CANNABIS

Includes both plant-form Marihuana, as well as the oil or separated resin of the Cannabis

plant, whether purified or raw, or any mixture or preparation containing

Tetrahydrocannabinols (THC).

CONTAINER

Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.

PUBLIC LANDS

Any highway, street, sidewalk, park or playground.

VILLAGE

The Village of Greenwood Lake.

  • 77-4. Prohibited activities.

It shall be a violation of this article for any person to:

  1. Consume any alcoholic beverage on any public land within the Village;
  2. Have in his possession, with the intent to consume the same, any open container containing any alcoholic beverage on any public lands within the Village.
  3. Have within his possession, for the purposes of consumption on public lands, by either himself or another person, any open container containing an alcoholic beverage on any public lands within the Village;
  4. Smoke or consume cannabis on any public land within the Village;
  5. Congregate with others upon any public lands within the Village of Greenwood Lake;
  6. Remain in doorways or stairways adjacent to any public lands within the Village of Greenwood Lake or loiter about such places; or
  7. Refuse to move on when ordered to do so by a police officer or move on and congregate or loiter in another area or return to the same area
  • 77-5. Exceptions

The foregoing prohibitions shall not apply:

  1. Within the geographical and time limits of a fair, picnic or other community gathering for which special permission has been granted by the Village; or
  2. To the transportation of a unsealed, but not open, container across public lands of the Village, from one point to another, with no intent to consume the contents of such opened containers while on public lands.
  • 77-6. Applicability

This article shall apply to all persons on public lands in the Village, except as provided for in § 77-5 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

  • 77-7. Penalties for Offenses

Each violation of this article shall be punishable by a fine not exceeding $250 for each offense and/or imprisonment for not more than 15 days. A violation of this article shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.

  • 77-8. Severability

Should any provision of this article be judicially determined to be invalid, the remaining provisions shall continue in full force and effect.

  • 77-9. When is effective. This article shall take effect immediately.

MAYOR DWYER STATED WE ARE GOING TO DISCUSS THIS AS A BOARD AND GIVE THE PUBLIC A CHANCE TO COMMENT.  WE WILL LEAVE THIS PUBLIC HEARING OPEN FOR ANOTHER 30 DAYS.  WE WILL POST THE LOCAL LAW ONLINE AND YOU CAN SUBMIT COMMENTS BY EMAILING MAYOR @VILLAGEOFGREENWOODLAKE.ORG, THE CLERK AT VCMGWL@YAHOO.COM OR BY SENDING COMMENTS IN WRITING TO PO BOX 7, GREENWOOD LAKE, NY 10925.  WE RAN THIS LAW BY LT EIRAND TO MAKE SURE IT WAS SOMETHING THEY COULD ENFORCE. 

 

TRUSTEE SELLIER ASKED ARE WE PUTTING THIS IN THE PAPER?

 

MAYOR DWYER STATED WE KNOW THAT NO ONE REALLY WATCHES THESE MEETINGS SO MAYBE THIS IS SOMETHING WE SHOULD PUT ON THE WEBSITE AND, IN THE PAPER, AND ON FACEBOOK.  I HAVE SPOKEN TO PEOPLE THAT I KNOW SUPPORT THE LEGALIZATION AND THEY FEEL THIS IS OKAY.   MY RECOMMENDATION WOULD BE TO DO ALL OF THAT. 

 

TRUSTEE SELLIER STATED I THINK WE SHOULD USE ALL CHANNELS. 

 

TRUSTEE KELM STATED WE SHOULD PUT IT OUT THERE. 

 

MAYOR DWYER STATED THE NOTICE WAS PUBLISHED IN THE PAPER.  I’LL PUT A FACEBOOK POST OUT THERE AS WELL.  THIS IS JUST A DRAFT AND WE CAN MAKE CHANGES. 

 

ATTORNEY BUCKHEIT STATED YOU SHOULD PUBLISH IT IN ITS FINAL FORM FIVE DAYS BEFORE IT TAKES EFFECT. 

 

TRUSTEE SELLIER STATED WE HAVE ALL TALKED ABOUT THIS. 

 

MAYOR DWYER ASKED TOWN COUNCILMAN FLOYD DEANGELO IF THE WARWICK BOARD HAS ADDRESSED THIS ISSUE AT ALL.

 

FLOYD DEANGELO STATED THEY HAVE NOT.

 

MAYOR DWYER STATED I DID MEET WITH SUPERVISOR AND THE OTHER MAYORS TO DISCUSS THIS. 

 

MAYOR DWYER STATED I WILL POST THIS ON THE WEBSITE AND IN THE NEWSPAPER. 

 

MAYOR DWYER STATED WE WILL LEAVE THIS PUBLIC HEARING OPEN FOR NOW.