[HISTORY: Adopted by Tompkins County as indicated
in article histories. Amendments noted where applicable.]
[Adopted by the Board of Supervisors (now
County Legislature) 7-10-1990 by L.L. No. 6-1990]
This article implements the smoking policy adopted
by the Tompkins County Legislature as a result of negotiations with
the Tompkins County Unit, Local 855, Civil Service Employees' Association,
Inc. and the Tompkins County Deputy Sheriffs' Association and reflects
said Board's concern for the health and safety of County employees
and members of the general public that use County-owned or -occupied
buildings and vehicles.
No person shall smoke or carry a lighted cigar,
cigarette, pipe, or any other form of smoking object or device in
any County-owned or -occupied building or vehicle.
Insofar as the provisions of this article are
inconsistent with the provisions of any other local law or act, the
provisions of this article shall be controlling.
[Adopted by the County Legislature 8-5-2003 by L.L. No. 3-2003]
This article implements smoking restriction
designed to protect the health and safety of County residents.
[Amended 9-2-2014 by L.L. No. 6-2014]
A.
The
Tompkins County Legislature declares that the intent and purpose of
this article is to preserve and improve the public's health by
improving indoor air quality in bars, restaurants, and places of employment.
B.
This
Legislature hereby finds that the effects of secondary and tertiary
smoke generated by the smoking of cigars, cigarettes, pipes, and similar
articles poses a threat to the health, safety, and well-being of the
citizens of the County who do not smoke.
C.
This
Legislature further finds that the Surgeon General's 1984 report
on smoking hazards for the first time linked high levels of involuntary
smoke exposure to reduced breathing ability in passive smokers, buttressing
the need to provide more protection to nonsmokers in public settings.
D.
This
Legislature 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.
E.
This
Legislature finds that 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.
F.
This
Legislature finds that primary tobacco use is a major cause of mortality
and morbidity, directly causing an estimated 434,000 deaths per year
in the United States, more deaths than are caused by the use of any
other legal or illegal substance or drug.
G.
The
Legislature finds that new and as-yet-unregulated electronic nicotine
delivery systems (ENDS) commonly referred to as "electronic cigarettes"
or "e-cigarettes," "vapor cigarettes," and "vape pens" pose a potential
public health risk. These devices closely resemble and purposefully
mimic smoking using vaporized liquid nicotine. After inhaling, the
user then blows out the heated vapors, producing a "cloud" of undetermined
substances that contains known carcinogens and chemicals that can
cause airway irritation. These irritants could cause potential harm
to individuals at their places of employment.
H.
This
Legislature further finds that individuals are subject to ETS and
the exhaled vapors of ENDS at their places of employment and have
no practical alternative but to suffer the exposure so as to keep
their employment.
I.
Therefore, the purpose of this legislation is to place reasonable
limitations on smoking within the County while striking a balance
between the health needs of all nonsmoking individuals, the rights
of smokers and the imposition of regulatory burdens on business.
[Amended 9-2-2014 by L.L. No. 6-2014]
As used in this article, the following terms shall have the
meanings indicated:
Any area, including outdoor seating areas, devoted to the
sale and service of alcoholic beverages for on-premises consumption
and where the service of food is only incidental to the consumption
of such beverages.
A personal electronic device that aerosolizes liquid or gel
containing nicotine, flavorings, or other substances and produces
an emission that may be absorbed or exhaled by user.
Any area, including outdoor seating areas or portion thereof,
in which the business is the sale of food for on-premises consumption.
Any indoor area or portion thereof under the control of an
employer in which employees of the employer perform services and shall
include, but not be limited to, offices, school grounds, retail stores,
banquet facilities, theaters, food stores, banks, financial institutions,
factories, warehouses, employee cafeterias, lounges, auditoriums,
gymnasiums, restrooms, elevators, hallways, museums, libraries, bowling
establishments, employee medical facilities, rooms or areas containing
photocopying equipment or other office equipment used in common, and
company vehicles.
The burning of a lighted cigar, cigarette, pipe, or any other
matter or substance that contains tobacco or the use of ENDS.
A.
For the purpose of this article the term “enforcement
officer” shall mean the Tompkins County Board of Health, or
its designee.
B.
If the enforcement officer determines after a hearing
that a violation of this article has occurred, a penalty may be imposed
by the enforcement officer pursuant to this article. Nothing herein
shall be construed to prohibit an enforcement officer from commencing
a proceeding for injunctive relief to compel compliance with this
article.
C.
The enforcement officer may bring an action to recover
all penalties provided in this article as well as for all cost and
attorneys fees incurred as a result of any violation of this article.
D.
The owner, operator, manager, or person in charge
of any premises subject to this article shall permit the Director
of the County Health Department or designee entrance to the facility
to determine compliance with this article.
A.
It shall be unlawful for any person who owns, manages,
operates, or otherwise controls the use of any premises subject to
regulation under this article to fail to comply with any of its provisions.
B.
It shall be unlawful for any person to smoke in any
area where smoking is prohibited by the provisions of this article.
C.
Penalty by the Board of Health. Pursuant to the provisions
of § 309 of the Public Health Law, the Board of Health may
impose a penalty not to exceed $1,000 upon a person for any violation
of or failure to comply with any provisions of this article or any
order made pursuant to such article after holding a hearing thereon.
Each day on which such violation or failure continues shall constitute
a separate offense. Nothing herein contained shall be construed to
exempt an offender from any other prosecution or penalty provided
by law.
If any section of this article or the application
thereof to any individual, partnership, or circumstance shall be adjudged
invalid or unconstitutional by any court of competent jurisdiction,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the controversy
in which such order or judgment was rendered.
