WHEREAS, the Governing Body desires to ensure that a business or non-profit entity cultivating, manufacturing, processing, warehousing, distributing and/or selling Marijuana (Cannabis) and/or the paraphernalia that facilitates the use of such Marijuana (Cannabis) for recreational use or medical use are not permitted within proximity of a school, church, or playground, or any commercial, industrial or residential zone; and WHEREAS, there is no area of the Borough which can safely house a business or non-profit entity cultivating, manufacturing, processing, warehousing, distributing and/or selling Marijuana (Cannabis) and/or the paraphernalia that facilitates the use of such Marijuana (Cannabis) for recreational use or medical use; and NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Lodi that Borough of Lodi Ordinance 195-11 is hereby amended as follows: Article 1 Definitions: Marijuana (Cannabis) - All parts of the plant Cannabis sativa Linneaus. Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Marijuana (Cannabis) also means the separate resin, whether crude or purified, obtained from cannabis. Marijuana (Cannabis) shall also include hashish. Marijuana (Cannabis) shall also include any products whether natural or man-made that include any ingredients of Marijuana (Cannabis) including but not limited to cookies, cake, candy or other solid food or liquid products, or any combination thereof, that have Marijuana (Cannabis) as an ingredient. Article 2 Prohibition: The cultivation, manufacture, processing, warehousing, distribution and/or sale of Marijuana (Cannabis) and/or the paraphernalia that facilitates the use of such Marijuana (Cannabis) by a business or non-profit entity for recreational use or medical use is strictly prohibited in all Zones established in the Borough of Lodi. Article 3 Fines or Punishment: Any person or entity violating the provisions of this Ordinance shall be subject to the following fines or punishment. Each occurrence that a violation exists shall be deemed a separate violation: (1)Upon conviction of a first offense, a fine not exceeding $500.00; (2)Upon conviction of a second offense, a fine not exceeding $1,000.00; (3)Upon conviction of a third offense, a fine not exceeding $1,500.00; (4)Upon conviction of a fourth offense, a fine not exceeding $2,000.00 and/or a term of imprisonment for a period not to exceed ninety (90) days and/or a term of community service not to exceed ninety (90) days. Article 4 In the event any section, part or provision of this Ordinance shall be held unconstitutional or otherwise invalid by any Court of competent jurisdiction, such determination shall not affect the validity of this Ordinance or the remaining provisions which shall remain in full force and effect. Article 5 All other provisions of Ordinance No. 195-11 and any and all amendments thereto shall remain in full force and effect except as modified herein. Article 6 All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. Article 7 This Ordinance shall be subject to review and recommendation by the Borough Planning Board in accordance with N.J.S.A. 40:55D-26 after Introduction. Article 8 The Bergen County Planning Board shall be provided notice of this proposed Ordinance in accordance with N.J.S.A. 40:27-6.10 after Introduction at least ten (10) days prior to public hearing thereon. Article 9 The Bergen County Planning Board shall be provided with a copy of this proposed Ordinance subsequent to its final adoption. Article 10 This Ordinance shall take effect ten (10) days after adoption and publication in the manner prescribed by law. Introduced on this 15th day of May, 2018. ATTEST: /s/ EMIL CARAFA, JR. /s/ CAROLE D'AMICO Emil Carafa, Jr., Mayor Carole D'Amico, Municip May 21, 2018, Fee: $217.80 (264) 4264196
Vinny Martin made the motion for this ordinance and voted to approve it (meeting minutes linked below):
http://www.lodi-nj.org/filestorage/173/2006/2008/3380/4178/6-19-18_Minutes.pdf
