[Adopted 7-13-2006 by L.L. No. 6-2006]
This article shall be entitled "A Local Law
Adding a New Section to the Code of the Town of Copake Prohibiting
the Use of Tobacco Products in the Public Park and Recreation Building."
The Town Board of the Town of Copake finds that
the use of tobacco products in the public park and recreational building
located at 305 Mountain View Road in the Town of Copake is contrary
to the interests of the residents of the Town of Copake and seeks
to prohibit such use.
The use of tobacco products, whether by smoking,
chewing, pipe or other procedure or mechanism, is prohibited in the
public park and recreational building located at 305 Mountain View
Road in the Town of Copake.
[Amended 7-12-2007 by L.L. No. 3-2007]
A.
Any person, firm or corporation who is guilty of any
violations of this article shall, upon conviction thereof, be subject
to a fine of not more than $250 or imprisonment for a term of not
more than 15 days, or both, and conditional discharge or such other
disposition as permitted under the Criminal Procedure Law of the State
of New York. Each day after notice that a violation continues shall
be deemed a separate offense. In addition, a civil penalty of $100
per day may be assessed for any such violation, which civil penalty
shall be recovered by the Town of Copake in a civil action.
B.
Except as provided otherwise by law, such a violation
shall not be a crime, and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person found guilty
of such an offense.
C.
Appropriate actions and proceedings may be taken at
law or in equity to prevent or remedy unlawful violations or infractions
of any portion of this article, and these remedies shall be in addition
to penalties otherwise prescribed by law.
