[HISTORY: Adopted by the Town Board of the
Town of DeWitt 11-14-2022 by L.L. No. 3-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 154,
Smoking Policy, adopted 1-22-1990 by resolution.
This chapter will be known as "Prohibition of Smoking on Town
of DeWitt Property."
The Town of DeWitt is concerned about the effects of tobacco,
cannabis and related smoke and secondhand smoke on the health and
welfare of the public. The Town of DeWitt is especially concerned
with the effect exposure of such smoke and secondhand smoke has on
children; the litter and possible contamination of the environment
from discarded cigarette butts in public places; the likelihood that
children and other young persons will initiate the use of tobacco
products or cannabis products by witnessing adults using such products
in public; and the overall protection of public health. Therefore,
recognizing the above and recognizing the need for an effective prohibition
against smoking tobacco or cannabis or using like products on Town
of DeWitt properties, the Town Board of the Town of DeWitt hereby
enacts this law to promote the health, safety and general welfare
of the inhabitants of the Town of DeWitt.
No persons shall be allowed to smoke tobacco or cannabis or
like products on Town-owned real property or in Town-owned buildings,
as set forth in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Written permission for an activity proposed to be conducted
on property of the Town of DeWitt, including any conditions placed
upon such permission, issued and signed by the appropriate authority
designated by the Town Board of the Town of DeWitt.
Persons under the age of 21 years in the case of tobacco
and persons under the age of 21 years in the case of cannabis.
The location by which persons may enter a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or ramp. For the purposes of this chapter, "entrance"
includes the stoop, steps or ramp leading from the sidewalk or pavement
to such door or doorway.
The location by which persons may leave a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or ramp. For the purposes of this chapter, "exit" includes
the stoop, steps or ramps leading from the sidewalk or pavement to
such door or doorway.
The structures and activity areas, which may be partially
enclosed or unenclosed, associated with an operation (which operation
may be governmental, recreational, educational, commercial, or of
another type).
An activity consisting of the provision of facilities that
are available to members of the public, with or without payment, for
eating and/or drinking in an area that is not fully enclosed by a
permanent structure.
An area that is not fully enclosed and that is designated
for recreational purposes or activities.
An area to which the public is invited or in which the public
is permitted.
Written permission for an activity proposed to be conducted
on property of the Town of DeWitt, including any conditions placed
upon such permission, issued and signed by the appropriate authority
designed by the Town Board of the Town of DeWitt.
An outdoor recreation area that is designed and intended
for use by children. For the purpose of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
(such as, for example, baseball, football, soccer or skateboarding).
For the purposes of this chapter, a playing field that is fenced or
the outside perimeter of which is otherwise physically demarcated
shall be deemed to include all of the area inside such fence or demarcation,
together with any bleachers or other, designated viewing area; a playing
field that is not fenced or otherwise demarcated (as to its outside
perimeter) shall be deemed to include all of the area customarily
required for playing the game for which it is being used, together
with any bleachers or other designated viewing area.
Any Town property not clearly defined by any other definition
in this chapter.
The emission produced by the burning of a lighted cigar,
cigarette, pipe, e-cigarette, vaping device, or any other matter or
substance which contains tobacco or cannabis or like product.
The inhaling, exhaling, burning, or carrying of any lighted
or heated cigar, cigarette, pipe, or any other lighted or heated tobacco
or cannabis or like product intended for inhalation, in any manner
or in any form. "Smoking" also includes the use of an e-cigarette
or any other vaping device, which creates a vapor, in any manner or
in any form, or the use of any oral smoking device for the purpose
of circumventing the prohibition of smoking in this chapter.
Any structure owned by the Town of DeWitt, except for any
such structure that is subject to a written lease to another party,
provided such lease does not give the Town the authority to regulate
outdoor smoking in the leased premises.
Any property owned by the Town of DeWitt, except for such
property that is subject to a written lease to another party, provided
such lease does not give the Town authority to regulate outdoor smoking
on the leased premises. For the purposes of this chapter, "Town-owned
property" does not include Town streets or sidewalks open to the public
generally unless otherwise noted in this chapter.
Smoking shall not be permitted, and no person shall smoke in
outdoor areas under the ownership of the Town of DeWitt, including,
but not limited to, the following places:
A.
At any Town playgrounds, parks, playing fields, and any other Town-owned
properties, including on sidewalks directly bordering Town playgrounds,
parks, playing fields, parking lots and any other Town-owned properties;
B.
In other areas or at events where persons cannot readily escape nearby
secondhand smoke, as follows:
(1)
Within any outdoor dining area, whether covered or not, located on
public property, as follows:
(a)
Within any seating area for outdoor dining and/or drinking associated
with a bar or restaurant, that is on public property, and that is
used for that purpose; and
(b)
Within any seating area for outdoor dining and/or drinking established
or maintained by the Town or its agent, and that is in use for that
purpose; and
(c)
On sidewalks directly bordering such seating areas.
(2)
At outdoor events on public property, as follows:
(a)
Within the outdoor seating and viewing areas for open-air concerts,
dances, parades, other performances, lectures, motion picture or video
presentations, or similar open-air presentations, for which a permit
or authorization from the Town is required and when in use for that
purpose; and
(b)
Within the outdoor seating and viewing areas associated with
unenclosed (or partially enclosed) playing fields or similar outdoor
recreation areas; and
(c)
During outdoor festivals, block parties and similar events on
public property for which a permit or authorization from the Town
is required. For such an event, smoking is prohibited within the area
covered by the Town permit or authorization; and
(d)
On sidewalks directly bordering the area of public property
outlined and reserved by permit or authorization during the outdoor
event.
(3)
Any licensee or permit holder for an outdoor dining area, vending
or outdoor event on public property shall be required to inform members
of the public of applicable restrictions on outdoor smoking (for example,
through signs posted on a mobile vending cart, at the perimeter of
an outdoor dining area or outdoor event, and/or in the publicity for
an event).
C.
Smoking shall be prohibited in certain other areas, as follows:
(1)
Outside Town-owned buildings, at all times, and on any public property
within 25 feet of any entrance or exit or window or ventilation intake
for any building owned by the Town of DeWitt.
(2)
At facilities leased or licensed to others, as follows:
(a)
Whenever the Town is negotiating a new or renewed lease or license
for use of Town land or buildings, the Town shall include in such
lease or license a provision that will apply outdoor smoking rules
comparable to those for other, comparable Town property as set forth
herein; and
(b)
For existing leases where this chapter would not apply automatically,
the Town shall ask such lessees to agree voluntarily to operate the
outdoor areas of the leased premises in a manner that is consistent
with the Town regulation of smoking in comparable outdoor areas.
D.
Future property purchased by the Town of DeWitt. The Town of DeWitt
reserves the right to regulate and prohibit smoking on any real property
purchased by the Town of DeWitt on any date after the enactment of
this chapter by the Town Board of the Town of DeWitt.
Any person who violates any provision of this chapter, by smoking
in an area where outdoor smoking is hereby prohibited, shall be guilty
of a violation punishable by a civil penalty of $25 or an amount of
community service not exceeding 20 hours.
If any clause, sentence, paragraph, section, article or party
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operations to
the clause, sentence, paragraph, section, article or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.
