Village of Westbury, NY Smoking

The Board of Trustees recognizes that tobacco, cannabis, and other types of smoke and vapor/emissions from cigarettes, cigars, pipes, electronic cigarettes or other devices are dangerous to human health, whether inhaled directly or as a result of secondhand smoke. The intent of the Board in enacting this chapter is to protect the health, safety and well-being of persons within the Village as fully as possible, by prohibiting smoking or vaping in all forms, as widely as possible.

Definitions. As used in this chapter, the following terms shall have the following meanings, as defined in this section unless the context clearly requires otherwise:

CANNABIS

Has the meaning set forth in Section 3(5) of the New York State Cannabis Law, as may be amended from time to time.

CANNABAINOID HEMP

Has the meaning set forth in Section 3(3) of the New York State Cannabis Law, as may be amended from time to time.

CANNABIS EDIBLE PRODUCT

Has the meaning set forth in Section 492(c) of the New York Tax Law, as may be amended from time to time. Cannabis edible product includes any cannabis or concentrated cannabis whether or not it includes other ingredients, which are intended for use or consumption through ingestion, including sublingual or oral absorption, and shall include, but not be limited to, gummies, brownies, cookies, hard candies, mints, drinks, capsules, dissolvable tablets, etc.

ORAL TOBACCO PRODUCT

Any tobacco product intended to be placed in the mouth, chewed, sniffed or inhaled, including but not limited to chew, snus, and snuff.

PERSON

Any individual, corporation, partnership or other association.

PUBLIC PROPERTY

Any place which is owned or controlled by the Village of Westbury, open to the general public, including but not limited to public parking lots, garages or other facilities, parks, plazas, or playgrounds, public buildings, transportation facilities or any other public facility or ground, whether vacant or improved, within boundaries of the Village. For purposes of this chapter, public property shall also include streets, sidewalks and public highways within 500 feet of a church or other place of worship or school.

SMOKE

The gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the by-products, except when the combusting or vaporizing material contains no tobacco or nicotine or cannabis, and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, vapors from an electronic device, and cannabis smoke.

SMOKING

Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, bidis, electronic device, or any other device that delivers nicotine, cannabis, cannabinoid hemp, or other substances to a person via such a method.

TOBACCO PRODUCT

Includes the following:

(1)

Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, cigarellos, chewing tobacco, pipe tobacco, snuff; and

(2)

Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

(3)

Notwithstanding any provision of Subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.[1]

[1]

Editor's Note: See 21 U.S.C. Ch. 9.

Smoking, using edible cannabis products, and using oral tobacco products are prohibited on all public property.

Nothing in this chapter prohibits any person with legal control over any property from prohibiting smoking, using edible cannabis products, and using oral tobacco products on any part of such property, even if smoking is not otherwise prohibited in that area by law.

No person shall knowingly or intentionally permit the presence or placement of ash receptacles, such as ashtrays or ash cans, within an area under the legal or de facto control of that person in which smoking is prohibited by law. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter.

No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited.

Each instance of smoking, using edible cannabis products, or using oral tobacco products in violation of this chapter shall constitute a separate violation.