This chapter is adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York, including, but not limited
to, § 10 thereof. The Town of Saugerties declares that smoking
in and upon certain Town-owned property is deleterious to such property
and harmful to the health of persons using and enjoying such Town-owned
lands. The Town Board further finds and determines that human health
is seriously threatened by exposure to environmental tobacco smoke
(ETS) and that recent findings by the federal Environmental Protection
Agency (EPA) make clear that ETS, or secondhand smoke, is a human
carcinogen responsible for lung cancer deaths in nonsmoking adults.
Further, the EPA has concluded that exposure to ETS increases the
risks of respiratory and middle ear diseases in children, contributing
to cases of bronchitis and pneumonia in infants and young children.
Further, exposure to ETS significantly worsens the condition of asthmatic
children and contributes to new cases of asthma in once-healthy children.
Accordingly, and based upon the authority of the Town of Saugerties
to regulate the use of its property and the authority of the Town
to enact laws in furtherance thereof, including, but not limited to,
Town Law § 64 and § 130, Public Health Law § 1399-r,
and the Municipal Home Rule Law § 10, the Town of Saugerties
adopts this chapter in furtherance of the health, welfare, and safety
of the Town and its residents.
Smoking (principally, but not exclusively, meaning the use,
ignition, and/or consumption of tobacco and other combustible products
designed to be inhaled through cigarettes, cigars, pipes, and similar
devices) is prohibited in or upon any building, facility, premises
or grounds of each and all of the following areas: Any and all parks
and recreational areas owned by the Town of Saugerties.
This chapter may be enforced by any New York State Police, Ulster
County Sheriff, or local police or peace officer, or by any person
designated by the Town Board of the Town of Saugerties as an enforcement
officer relative to this chapter. The Town Code Enforcement Officer(s)
and any Town of Saugerties Police Department officer shall be deemed
enforcement officers under this chapter.
Any person violating the provisions of this chapter shall be
deemed to have committed a violation and shall be subject to criminal
prosecution for such violation, with the fine imposed to be not less
than $50 and not greater than $250 per violation. Nothing contained
in this chapter shall be construed to exempt an offender from any
other prosecution or penalty otherwise provided by law.
This chapter shall in no way limit or alter any restriction
upon smoking imposed by any law of the State of New York.