[HISTORY: Adopted by the Town Board of the
Town of Blooming Grove 8-1-2023 by L.L. No. 3-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 51,
Smoking, adopted 1-2-1997.
The title of this chapter shall be "A Local Law Replacing Chapter 51 of the Town Code of Blooming Grove Regulating Smoking in the Town of Blooming Grove."
The Town Board of the Town of Blooming Grove finds that New
York State law bans smoking throughout the workplace, in copy machine
and common equipment areas, and in company vehicles; however, New
York laws do not address the specific areas of a workplace where smoking
may be permitted. The Town Board further finds smoking, the use of
tobacco products, cannabis products, and vaping in the Town of Blooming
Grove's public buildings and parks have the potential for creating
a serious health hazard for employees of the Town of Blooming Grove
and the citizens of the Town of Blooming Grove who visit and utilize
Town buildings, grounds, parks, recreation areas and/or playgrounds.
The Town Board has determined that, in order to protect and promote
the public health, safety and welfare of the employees and citizens
of the Town of Blooming Grove, it is necessary to restrict the acts
of smoking and using tobacco products, cannabis products, and vaping
in and around Town-owned buildings, parks, recreation areas, and/or
playgrounds.
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
To inhale or exhale the smoke of burning tobacco or tobacco
substitute or cannabis and also to carry burning tobacco or tobacco
substitute or cannabis in the form of a cigarette, cigar, or any other
smoke-producing product or device, also including vapes and pipes.
Any substance, which contains tobacco, including, but not
limited to, cigarettes, cigars, pipe tobacco and chewing tobacco.
Includes smoking and the chewing of tobacco.
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Blooming Grove or any of its departments
and used for the conduct of public business, including, but not limited
to, the Town Hall, Highway Department building(s), buildings, grounds
and Parks building(s), Central Garage, Senior Center, Recreation building(s),
park building(s), Town Court and Police Department building(s), and
any buildings, structures or enclosed areas located at any Town-owned
park, recreation area and/or playground.
Includes all paid and unpaid employees, including but not
limited to volunteers, and consultants.
Any vehicle(s) and/or equipment owned, leased, used or operated
by the Town of Blooming Grove, its employees and/or elected officials
or any of its departments and used for the conduct of public business,
including, but not limited to, the Town Hall, Highway Department,
buildings, grounds and parks, Police Department, Central Garage, Senior
Center, recreation, park buildings, and Town Court.
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and maintained by the Town of Blooming Grove
or the Town of Blooming Grove Parks Board and Recreation Commission.
Inhaling vapor through the mouth from a usually battery-operated
electronic device (such as an electronic cigarette) that heats up
and vaporizes a liquid or solid.
A.Â
Smoking and the use of tobacco products, cannabis products, and vaping
shall be prohibited in all Town-owned buildings, vehicles, and equipment
owned, leased, used, operated or maintained by the Town of Blooming
Grove or any department of the Town of Blooming Grove (hereinafter
"Town building," "Town vehicle and equipment"), without exception.
B.Â
Smoking and the use of tobacco products, cannabis products, and vaping
shall also be prohibited within 30 feet of any Town building other
than Town buildings located in a park, recreation area or playground
where the use of tobacco product, cannabis product and vaping shall
be prohibited.
C.Â
Smoking and the use of tobacco products, cannabis products, and vaping
shall be prohibited in all Town-owned parks, playgrounds and recreation
areas.
D.Â
The Town Board further determines and declares that all Town-owned
parks, recreation areas and playgrounds shall be designated as tobacco-,
cannabis- and vaping-free zones.
A.Â
"Smoking, Vaping, Tobacco and Cannabis Use Prohibited" signs or the
international "no smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it) shall be clearly, sufficiently and conspicuously posted at each
entrance to any Town building where smoking, vaping, and use of tobacco
and cannabis products are prohibited, including all Town buildings
and at all Town-owned public parks, public playgrounds and public
recreation areas and in all Town-owned vehicles and equipment.
B.Â
"Tobacco-, Cannabis- and Vaping-Free Zone" signs shall also be posted
at the entrance to each Town-owned park, recreation area and playground.
C.Â
The Town shall post areas away from Town-owned buildings and designate
an area where employees and others who represent the Town may smoke
during their workday. These areas shall be in areas that are not visible
to the public and more than 30 feet from the entrance of any Town-owned
building.
A.Â
This chapter shall be enforced by the Code Enforcement personnel
of the Town of Blooming Grove or any police agency having jurisdiction
in the Town of Blooming Grove, including, but not limited to, the
Town of Blooming Grove Police Department, the New York State Police
or the Orange County Sheriff.
B.Â
This chapter may be enforced by the Town Supervisor, Town department
heads and Town Board in regards to violation(s) of this code against
Town employees, Town nonelected official(s) and Town elected official(s).
A.Â
It shall be a violation for any person to smoke, vape or use tobacco
or cannabis products in any area where smoking, vaping or the use
of tobacco or cannabis products is prohibited by the provisions of
this chapter.
B.Â
Any person who is convicted of violating any provision of this chapter
shall be subject to a fine not to exceed $100 per violation on their
first offense; no more than $125 per violation on their second offense;
no more than $150 per violation on their third offense; and no more
than $200 on their fourth or more offenses.
C.Â
Any employee/nonelected official/elected official, if found in violation of this chapter, shall be disciplined, including but not limited to the loss of pay as described in Subsection B in § 51-7, and shall reimburse the Town for the cleaning of a vehicle/equipment that was determined to be affected by the offender's smoking.
