[Adopted 6-26-2007 by L.L. No. 7-2007]
[Amended 8-10-2021 by L.L. No. 5-2021]
In the interest of public health, the Board
of Trustees declares that the purpose of this article is to minimize
negative impacts of secondary smoke on air quality in outdoor public
settings. Research indicates that detrimental health effects of secondary
smoke pose a threat to health, safety and well-being in general, especially
the health and well-being of young and vulnerable members of the public.
Research also confirms that in outdoor settings, the threat is a function
of the proximity to the source. Notwithstanding the numerous national,
state and county public health laws and regulations that already restrict
or prohibit smoking in locations within the Village, the Board desires
to establish restrictions specific to those outdoor public areas owned
by or under the control of the Village. In furtherance of the goals
to promote the overall health, safety and welfare of the public and
to encourage the mutually respectful enjoyment of outdoor public areas,
the Board of Trustees declares an intent to enact local smoking restrictions:
A.
To supplement
existing restrictions already mandated by and enforceable under federal,
state and county regulation derived from the Clean Air Act Public
Health Law Article 13-E; and
B.
That emanate
from the power specifically reserved to local municipalities in NYS
Public Health Law as referenced in § 1399-r.
[Amended 8-10-2021 by L.L. No. 5-2021]
For the purposes of this article, the following
terms shall have the meanings respectively ascribed to them in this
section:
Includes specific property within the Village of Dobbs Ferry
that is owned and/or controlled by the Village specifically, public:
Includes the inhaling, exhaling or burning of any tobacco,
weed or other plant-based products, and other similar natural or synthetic
substances, in any manner or in any form, including the use of an
electronic delivery method such as vaping.
[Amended 8-10-2021 by L.L. No. 5-2021]
It shall be unlawful for any person to smoke
or carry lighted, ignited, burning or similarly activated tobacco,
weed, or other plant-based products and other natural or synthetic
substances in any public area within the Village. All such lighted
items must be extinguished prior to entrance onto such public area
and shall be properly disposed of in a receptacle and not discarded
on the ground.
[Amended 8-10-2021 by L.L. No. 5-2021]
SMOKING IS PROHIBITED or NO SMOKING signs, including
signs depicting the international no-smoking symbol, may be posted
in the public areas where this article prohibits smoking. However,
based upon the importance of preserving public health and the need
to increase the distance between the source of secondary smoke and
the young and vulnerable members of the public, the absence of signage
shall not affect the authority of the Village to enforce this article.
Each violation of § 112-16 shall be a violation punishable by a fine of not more than $100. The penalty provided in this section shall be in lieu of all other penalties prescribed in this Code.
This article shall not be interpreted or construed
to permit smoking where it is otherwise restricted by other applicable
laws, rules or regulations.
