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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. F I L E O . r n ^ * rnw,. S T A T E R E C O R D S [XjCounty DCity • T o w n •Village (Select one:) of Cortland JUN 2 0 20U DEPARTMENT OF STATE Local Law No. 7 of the year 20^4 A local law ^ Restating Local Law No. 3 of 2012 Prohibiting Within Cortland County the (Insert Title) Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative and/or Marijuana Be it enacted by the Legislature of the (Name ofLegisiative Body) SCounty DCity nTown DVillage (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) Page 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 local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. the CCounty)(Gity)(Town)(VHiggH) of Cortland Cortland County Legialture on (Name ofLegisiative Body) provisions of law. 7 20 14 of 20 14 ^of was duly passed by the , in accordance with the applicable 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 local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) in accordance w ith the applicable provisions of law. and was (approved)(not approved) _ and was deemed duly adopted 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of on 20 (Name of Legislative Body) (repassed after disapproval) by the (Elective Chief Executive Officer*) of 20. of was duly passed by the , and was (approved)(not approved) on 20 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) 20 . Such local (Name of Legislative Body) (repassed after disapproval) by the on (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) Page 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 ofthe qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law 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. , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors ofthe cities of said county as a unit and a majority ofthe 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 therefrom and ofthe whole of such original local law, and was finally_adopted in the manner indicated in paragraph J above. Clerk of the county legisfative body. City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: ^ 1 - H (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 the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signatu County Attorney Title CCoyn^ erty Cortland Town VniHge Date: DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF SUSAN BRIGGS, CHAIR RESOLUTION NO. 171-14 Adopt Local Law 7 of 2014 A Local Law Restating Local Lstw No. 3 of 2012 Prohibiting Within Cortland County the Use, Possession, Purchase, Attempted Purchase, Selling, Public Display for Sale, Attempted Sale, or Giving of Alternative And/Or Marijuana WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as legally required; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law for the year 2014 is hereby adopted and shall take effect upon the filing thereof in the Office of the Secretary of State as provided by Municipal Home Rule Law, and be it further RESOLVED, that the Clerk of the Legislature shall cause an abstract of this local law to be published in the County's official newspaper at least once a week for two successive weeks, the first publication of which shall be had within ten days after the local law becomes effective; NOW, THEREFORE Be it enacted by the County Legislature ofthe County of Cortland as foUovv^s: Section 1. LEGISLATIVE INTENT This Legislature hereby finds and determines that the County has a duty to preserve peace and order and secure freedom from dangerous or noxious activities, and to that end, the Legislature of Cortland County, has determined that certain enterprises and individuals within Cortland County, New York, are contemplating or engaged in the sale of certain substances, which, when ingested, produce intoxicating effects similar to THC or marijuana; and Whereas the substances are not yet categorized controlled substances, or the categorization by the State or federal law have not yet been updated; and Whereas the substances, which are more specifically described below, are often used as an altemative to marijuana and are potentially dangerous to users, and further, the long term effects are not yet known; and ---PAGE BREAK--- Whereas it has been determined that the effects of these substances are a health and safety concem to the citizens of Cortland County, New York, it is hereby declared that an urgent public health concem exists for the passage of this law, being necessary for the preservation of the health, safety and welfare of citizens of Cortland County, New York. Section 2. It is hereby declared to be unlawful for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals and/or substances within the boundaries of Cortland County, New York: • Salviadivinomm or salvinorum A; all parts of the plant presently classified botanically as salviadivinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivitive, mixture or preparation of such plant, its seeds or extracts; • cannabiniod" means any chemical compound that is chemically and/or has been demonstrated to have a binding activity at one or more cannibinoid receptors, and/or means any chemical that is substantially similar in chemical structure to a chemical compoud that has been determined to have binding activity or is a cannibinoid analog. • Unless specifically exempted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, or which contains their sales, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical design. • Cannabimimetic agents means any substance that is a cannibinoid receptor type 1 (CB 1 receptor) against as demonstrated by binding studies and functional assays. Cannabimimetic agents are commonly referred to as cannibinoids and include but are not limited to the following substances: • 2-[(lR, also known as • (dexanabinol,(6aS, 10aS)(6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol); some trade or other names: HU-210; also known as • l-Pentyl-3-(l-naphthoyl)indole - some trade or other names: JWH-018/ Spice; also known as • - some trade or other names: JWH-073; also known as ---PAGE BREAK--- • piperazine - some trade or other names: also known as • JWH-007, JWH-015, JWH-018, JWH-019, JWH-030, JWH-051, JWH-073, JWH-122, JWH-133, JWH-147, JWH-164, JWH-167, JWH- 175, JWH-176, JWH-184, JWH-185, JWH- 192, JWH-193, JWH-195, JWH-197, JWH-198, JWH-199, JWH-200, JWH-203, JWH-205, JWH-210, JWH-249, JWH-250, JWH-251, JWH-302, JWH-307, JWH-398, AM-1248, AM- 2201, AM-087, AM-356, AM-630, AM-678, AM-679, AM-694, AM-855, AM-905, AM-906, AM-919, AM-938, AM-1220, AM-1221, AM-1235, AM-2232, AM-2233, AM-2389, AM-4030, RCS-4, RCS-8, CP-47, CP-497, CP 55,940, WIN 55 212, WIN 48, 098, C8-homolog, SR-19, RCS-4, HU-211, HU-308, HU-331, CB-25, CB-52; • Common street names not to be strictly limited to these names: "Spice, Spice Gold, Spice Silver, Stinger, K2, Chronic Spice, Black Mamba, Mystery, Red X Dawn, Yucatan Fire, Skunk, Pulse, Zohai, Mr. Nice Guy, Spicylicious, K3, K3 Legal, Earthquake, Genie, Diviner's Sage, Sage of the Seers, The Key, Purple Salvia, Purple Haze, Sally D, herbal incense. Space, Pep-Spice, Buzz, Ocean Blue, Super Kiush, Green Kobra, Demon, Dojah, Cloud 9, Thunder, Fake Weed, Happy Shaman, Sweet Lucy, Willow Pillow, Bad Santa." This list is not a complete list and any other substances containing a carmibinoid should not be excluded. • Any similar structural analogs, derivatives, salts or isomers, chemical compound that is a cannibinoid receptor agonist and mimics the pharmacological effect or naturally occurring cannibinoids not listed in Schedules I through V or is not an FDA approved drug. Section 3. This law shall be enforced by any certified law enforcement officer within his/her respective jurisdiction within the geographical boundaries of Cortland County. Further, this law shall apply and be enforced in all unincorporated areas, as it shall apply and be enforced in the incorporated areas or other municipal entities within the geographical boundaries of Cortland County. If any of the aforementioned substances are found in the possession of any person, it may be confiscated and destroyed by law enforcement officials. Section 4. It is not an offense under Section 2 above of this law if the person was acting at the direction of an authorized law enforcement agent to enforce or ensure compliance with this law prohibiting the sale of the aforementioned substance. ---PAGE BREAK--- Section 5. Any person found to be in violation of this law will be guilty of a Class A Misdemeanor and subject to a term of imprisonment not to exceed one year and a fine not to exceed $1,000.00. Section 6. This article shall apply to all actions occurring on or after the effective date of this article. This law may be enforced by any law enforcement agency having jurisdiction to act in the County of Cortland, by either the arrest of or the issuance of a summons to a party violating the provisions of this act and requiring their appearance before a court of competent jurisdiction. Section 7. This law shall be null and void on the day that statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Cortland. The county legislature may determine by resolution whether or not identical or substantially similar statewide legislation or pertinent preempting state or federal regulations have been enacted for the purposes of triggering the provisions of this section. Section 8. Severability- If any provision of this law is held invalid, such invalidity shall not affect the remaining provisions of the law which shall remain effective absent the invalid provision, and to this end, the provisions of the law are declared to be severable. Section 9. This local law shall take effect upon the filing thereof in the Office of the Secretary of State as provided by the Municipal Home Rule Law. STATE OF NEW YORK) SS: COUNTY OF CORTLAND) This 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 12th day of June, 2014 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 12th day of June, 2014. 1 ^ CMk ©f the I ^ k l i l n i i €@rtliitd