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Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www. dos. state. ny. us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. [xjCounty DCity nTown •Village (Select one:) of Cortland F I L E D STATE RECORDS JUN 10 im DEPARTMENT OF STATE Local Law No. 2 ofthe year 2015 A iocal law PROHIBITING THE CONSUMPTION OF ILLICIT DRUGS AND ALCOHOLIC (Insert Title) BEVERAGES AND PRODUCTS BY MINORS WHILE LOCATED ON PRIVATE PROPERTY Be it enacted by the ofthe (Name of Legislative Body) • C o u n t y G C i t y G T o w n • V i l l a g e (Select one:) of Cortland as follows: See Attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Rage 2 of 4 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by locallegislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20l5 of the (^oun^)(City)(Town)(Village-) of Cortland ^as duly passed by the CounfyTegislature on May 28 2 0 } ^ , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as locai law No. of 20 of the (County)(City)(Town)(Village) of ^ was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20I I I, in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of ^ : . . was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 02/10) Rage 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County locallaw concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No . of 20 of the County of _State.of New York, having been submitted to the electors at the General Election of November 20 , pursuantto subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally jdopted in the manner indicated in paragraph J above. \ V. Clefk'of the coWty legisTatl^body, City, Town or Village Clerk or ^ • ' ^ officer designated by local legislative body [Seal) - C Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATEOF NEWYORK COUNTY OF Cortland I, the undersigned, hereby certify that the foregoing local law contains th^ correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. mm. signature Karen Howe, County Attorney Title County City Cortland Town " Village Date: ^ I H I I < DOS-0239-f-l (Rev 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 158-15 Adopt Cortland County Local Law No. 2 of 2015 A Local Law Prohibiting the Consumption of Illicit Drugs and Alcoholic Beverages and Products by Minors While Located on Private Property WHEREAS, the County of Cortland desires to protect the public interest, welfare, health and safety of all persons within the confines of the County of Cortland by prohibiting the service to and consumption of alcoholic beverages and products and illicit drugs by persons under the age of 21 years, AND WHEREAS, the Cortland County Legislature finds it appropriate to prohibit and make unlawful the occurrence of social gatherings on private property where alcoholic beverages and products and/or illii^it drugs are served, given to or otherwise used by underage persons, AND WHEREAS the enactment of such prohibition necessitates the adoption of a local law NOW, THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby adopts the attached local law, which was properly advertised and has sat on Legislator's desks for a minimum of seven day, AND BE IT FURTHER RESOLVED, that the law shall be effective immediately upon the required filing with the NYS Secretary of State. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) Tfiis is to certify that I, the undersigned. Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 25th day of June, 2015 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this 25th day of June, 2015. Jaaay D. SsjiSj^ of the L^islatiiTe Cortlind Coimty ---PAGE BREAK--- COUNTY OF CORTLAND Locai Law No.^of the year 2015 A LOCAL LAW PROHIBITING THE CONSUMPTION OF ILLICIT DRUGS AND ALCOHOLIC BEVERAGES AND PRODUCTS BY MINORS WHILE LOCATED ON PRIVATE PROPERTY LEGISLATIVE INTENT The County of Cortland desires to protect the public interest, welfare, health and safety of all persons within the confines of the County of Cortland by prohibiting the service to and consumption of alcoholic beverages and products and illicit drugs by persons under the age of twenty-one years while located on private property located inside the County of Cortland. The County of Cortland finds it appropriate to prohibit and make unlawful the occurrence of social gatherings on private property where alcoholic beverages and products and/or illicit drugs are served to, given to, or otherwise used or consumed by persons under the age of twenty-one as it is harmful to such persons themselves and a threat to the public welfare, health and safety. The County of Cortland further finds that the adoption of this local law will help ensure that alcoholic beverages and products and illicit drugs are neither served to, given to or otherwise used or consumed by persons under the age of twenty-one at these gatherings. NOW AND THEREFORE be it enacted by the Cortland County Legislature SECTION ONE: DEFINITIONS 1. Alcoholic Beverage or Product: Any liquor, wine, beer, spirits, cider, other liquid or product or palcohol or other solid or powder, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled or any alcoholic beverage as so defined by the New York State Alcoholic Beverage Control Law now or as amended or any successor thereto. 2. Control: The authority and ability to regulate, direct, dominate or exercise dominion and control over. 3. Illicit Drugs: Drug shall mean and include any substance listed in New York Public Health Law § 3306 et.seq. now or as amended or any successor thereto. 4. Minor: Minor shall mean any person, who at the time of the alleged offense, was under the age of twenty-one. 5. Social Gathering: A gathering of persons at a residence or upon other private property with minors present. Page 1 of 3 ---PAGE BREAK--- 6. Residence: Any home, aipartment, condominium, town house, cooperative unit or dwelling unit of any kind (whether permanent or temporary in nature), including the lawn, yard and open areas adjacent thereto comprising the curtilage thereof 7. Personal: A human being and, where appropriate, a public or private corporation, an unincorporated association, partnership, a government or governmental instrumentality. SECTION TWO: PROHIBITED ACTS No person having control of any residence or other private property shall allow, permit or condone a social gathering to take place or to occur at said residence when such person knows or has reason to know that any alcoholic beverage or product, or palcohol or illicit drugs as defined herein is being unlawfully possessed, served, offered, given or consumed by a minor at the residence or on such private property.. The provisions of this section shall NOT apply to the following EXCEPTIONS: 1. The possession or consumption of an alcoholic beverage or product by persons lawfully permitted to do so pursuant to NYS Alcoholic Beverage Control Law § 65-c now or as amended or any successor thereto; or 2. The possession or consumption of a drug for which the person has a current valid prescription, or as otherwise permitted by applicable law. These two exceptions shall be affirmative defenses subject to production of competent proof of the application of the exception. SECTION THREE: PENALTIES 1. A first violation of Section Two: Prohibited Acts: Any person convicted of a first violation shall be subject to a) a fine of not less than $100.00 (one hundred dollars) and not to exceed $250.00 (two hundred fifty dollars); or b) a term of incarceration not to exceed 15 (fifteen) days; or c) both such fine and incarceration 2. A second violation of Section Two: Prohibited Acts: Any person convicted of a second violation shall be subject to a) a fine of not less than $150.00 (one hundred fifty dollars) and not to exceed $300.00 (three hundred dollars); or b) a term of incarceration not to exceed 15 (fifteen) days; or Page 2 of 3 ---PAGE BREAK--- c) both such fine and incarceration 3. A third or subsequent violation of Section Two: Prohibited Acts: Any person convicted of a third or subsequent violation shall be subject to a) a fine of not less than $250.00 (two hundred fifty dollars) and not to exceed $500.0 (five hundred dollars); AND b) a term of incarceration not to exceed 15 (fifteen) days by not less than 1 (one) day. Failure to comply with Section Two: Prohibited Acts shall constitute a violation. SECTION FOUR: SEVERABILITY If any part or provision of this Local Law is deemed inconsistent with any federal or state statute, law, rule or regulation, then such statute, rule, law or regulation shall prevail. If any part or provision of the Local Law is adjudged invalid by a Court of competent jurisdiction, such adjudication shall be confined in its operation to the section or provision of or application directly involved in the controversy in which such adjudication shall have been rendered and shall not affect or impair the validity of the remainder of this section or application thereof to other persons or circumstances. Page 3 of 3