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Mayor and Council Adopt Ordinance Prohibiting Growth and Processing of Marijuana in Town of Kearny

2020-O-16

Ordinance Supplementing Title IV (Police Regulations) of the Town Code to Prohibit the Cultivation and Processing of Marijuana within the Town of Kearny

AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE TOWN OF KEARNY HELD APRIL 21, 2020, THE FOLLOWING ORDINANCE WAS PASSED ON SECOND READING AND FINAL PASSAGE AND PUBLISHED ACCORDING TO LAW.

PATRICIA CARPENTER
TOWN CLERK

 

Ordinance Supplementing Title IV (Police Regulations) of the Town Code to Prohibit the Cultivation and Processing of Marijuana within the Town of Kearny

            WHEREAS, the Mayor and Council have determined that the Town Code should be amended to clarify that the growth and distribution of marijuana in any section of Town should be prohibited in the interest of public safety and in furtherance of the Town’s on-going efforts to create a drug-free environment for the community; now, therefore, be it

ORDAINED by the Mayor and Council of the Town of Kearny, Hudson County, New Jersey that:

  1. Title IV of the Town Code is hereby supplemented to add a new Section 4-29 as follows:

4-29     Cultivation or Processing of Marijuana Prohibited

4-29.1 Prohibited Acts. The growth and/or cultivation, extraction, manufacturing, warehousing or distribution of marijuana is expressly prohibited in all areas of the Town of Kearny.  Nothing herein shall preclude operation of a medical marijuana dispensary in the SKI-N zone to the extent such use is permitted in that zone.

4-29.2 Violations and Penalties. Any such person or entity violating any provision of this section shall be subject to a daily fine of $1,000 for each day the first violation occurs and continues and to a daily fine of $2,000 for each day any subsequent violation occurs and continues.

4-29.3 Enforcement. The Police Department and/or the Construction Official shall have jurisdiction to enforce the provisions of this Section.  In addition to imposing the fines set forth herein, the Town shall have the right to seek injunctive relief in the New Jersey Superior Court, Hudson County, to close any business violating Section 4-29.1.