WHEREAS, the absence of smoking in an environment can encourage smokers to quit, keep nonsmokers from starting to smoke, and eliminate secondhand smoke exposure. Exposure to smoking can pose serious health risks to children, adults, senior adults and pets. According to the Center for Disease control, smoking aggravates and increases the risk of chronic diseases such as asthma, allergies, heart disease, lung, cancer, pneumonia, emphysema, chronic bronchitis and diabetes. Smoking and exposure to smoking is also harmful to children and is responsible for hundreds of thousands of respiratory infections; and WHEREAS, there has been a proliferation of smoke shops in the Borough of Lodi and the Borough is desirous of prohibiting any future smoke shops in the Borough in order to protect and preserve the health and safety of its residents; and WHEREAS, the potential legalization of marijuana (cannabis) can result in second hand smoke and have an unwanted or undesirable drug effect thereof upon third parties at Smoke Shops. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lodi as follows: Ordinance 195-11 is hereby amended as follows: Article 1: Definitions A.SMOKING. The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device; B.SMOKE SHOP, SMOKE LOUNGE, CIGAR BAR, CIGAR LOUNGE Any business establishment or part of a business establishment designated specifically for or permits Smoking of products purchased on the premises or elsewhere. C.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. Article 2 There are a number of smoke shops in the Borough of Lodi. All smoke shops in the Borough of Lodi whether presently existing or hereafter established shall be prohibited from permitting or allowing the smoking of marijuana or cannabis in said smoke shop. Article 3 There is a proliferation of smoke shops in the Borough of Lodi. It is hereby established that there shall be a moratorium on future smoke shops. All future smoke shops shall be prohibited. Any and all presently existing smoke shops shall be permitted to continue as pre-existing non-conforming uses until further terminated pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq. 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 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 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. 40:27-6.1O 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 (1O) days after adoption and publication in the manner prescribed by law. Introduced on this day of ,2018. ATTEST: Emil Carafa, Jr., Mayor Carole D'Amico, Municipal Clerk June 25, 2018, Fee: $228.00 (304) 4271945
Vinny Martin seconded the motion and voted to approve the ordinance above.
