Ordinances set for second reading, comment Monday


BAY HEAD — Two ordinances heavily discussed in recent weeks will be up for second reading and public comment at the Bay Head Borough Council’s next monthly meeting on June 7.

The first ordinance, 2021-08, if adopted Monday, would prohibit all classes of cannabis establishments, “including cannabis cultivators, cannabis manufacturers, cannabis wholesalers, cannabis distributors, cannabis retailers and cannabis delivery services” from operating in the municipality. The prohibition would not apply to “the delivery of cannabis items and supplies by a licensed cannabis delivery service located in another municipality.”

Bay Head would join several other surrounding communities, including Lavallette, Point Pleasant Borough and Brick Township, that have taken measures to prohibit the cultivation or distribution of marijuana or cannabis-based products following Gov. Phil Murphy’s signing of legislation legalizing adult use of recreational cannabis and allowing for a regulated cannabis marketplace.


Nearly 68 percent of voters approved the legalization of recreational cannabis for adults aged 21 and up last year, in a response to a public question on the Nov. 3, 2020 ballot. The New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, as well as S-3454 — which addresses underage possession or use of cannabis — were signed by the governor on Feb. 22.

At its meeting in May, the governing body, by Resolution 2021-85, awarded New Cingular Wireless PCS, LLC as the lead bidder and Cellco Partnership d/b/a Verizon Wireless as a co-locator, one five-year lease agreements, with four additional five-year renewals, for lease of real property for the design, permitting, construction and maintenance of a new, self-supporting 150-foot tree monopole and related facilities at the Bay Head Recycling Center.

During the council’s meeting on Monday, the governing body is expected to vote on Ordinance 2021-10 which would authorize “a lease of a portion of Bay Head Recycling Center for the design, permitting, construction and maintenance of a new, self-supporting 150 [-foot] tree monopole and related facilities.”

“There is a resolution … awarding leases for a site at public works. However, you will also see there is an ordinance. Under the law we have to award those leases … but those leases are subject to the ordinance because in order to lease public property you must have an ordinance … so none of this will become effective until after the ordinance passes, if it passes, on second reading,” Borough Attorney Jean Cipriani recently told community members.

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