For the purposes of this chapter, the following
terms shall be defined as follows:
CHILD DAY-CARE CENTER
Any child-care arrangement, public, private or parochial
child-care center, school-age child-care program, day nursery school,
kindergarten, play school or other similar school or service operating
pursuant to authorization, license or permit of the State of New York,
County of Nassau or City of Glen Cove; any facility that provides
child-care services as defined in § 410-p of the New York
State Social Services Law; or any child day-care center as defined
in § 390 of the New York State Social Services Law. The
definition of "child day-care center" applies whether or not care
is given for compensation, but does not include child day-care centers
located in private dwellings and multiple-dwelling units.
CIGARETTE
Any product which consists of:
A.
Any roll of tobacco wrapped in paper or in any
substance not containing tobacco; or
B.
Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filter or its packaging and labeling, is offered for use or purchase by consumers as a cigarette described in Subsection
A of this definition.
CIGARETTE TOBACCO
Any product that consists of loose tobacco and is intended
for use by consumers in a cigarette.
MULTIPLE DWELLING
Any building or structure that may lawfully be occupied as
the residence or home of three or more families living independently
of each other.
NICOTINE PRODUCT
Any product containing the chemical substance named 3-(1-Methyl-2-pyrrolidinyl)
pyridine or C[10]H[14]N[2], including any salt or complex of nicotine,
including, but not limited to, the product marketed as "electronic
cigarette" or "e-cigarette." For purposes of this chapter only, the
term "nicotine product" shall not include nicotine patches or gum
that are sold with or without a prescription for the purpose of eliminating
a dependence upon or addiction to nicotine.
PERSON
Any natural person, partnership, copartnership, firm, company,
corporation, limited-liability corporation, agency, association, joint-stock
association or other legal entity.
PLAYGROUND
Any outdoor premises or grounds owned or lawfully operated
by or on behalf of the City, the City school district or any public,
private or parochial school, any child day-care center or any youth
center, which contains any device, structure or implement, fixed or
portable, used or intended to be used by persons under the age of
18 for recreational or athletic purposes, including, but not limited
to, play equipment such as a sliding board, swing, jungle gym, sandbox,
climbing bar, wading pool, obstacle course, swimming pool, seesaw,
baseball diamond, athletic field, ice skating rink or basketball court.
PRIVATE DWELLING
Any building or structure or portion thereof that may lawfully
be occupied for residential purposes by not more than two families,
including the grounds of such building or structure.
SCHOOL BUILDING
Any building or structure, or any portion thereof, owned,
occupied by or under the custody or control of any public, private
or parochial institution and lawfully used for the primary purpose
of providing educational instruction to students at or below the twelfth-grade
level.
SMOKELESS TOBACCO
Any product that consists of cut, ground, powdered or leaf
tobacco that is intended to be placed by the consumer in an oral cavity.
TOBACCO PRODUCT
A cigarette, cigar, smokeless tobacco or cigarette tobacco.
TOBACCO PRODUCT ADVERTISEMENT
Any written word, picture, logo, symbol, motto, selling message,
poster, placard, sign, photograph, device, graphic display or visual
image of any kind, recognizable color or pattern of colors, or any
other indicia of product identification identical or similar to or
identifiable with those used for any brand of tobacco product, or
any combination thereof, the purpose or effect of which is to promote
the use or sale of a tobacco product through such means as, but not
limited to, the identification of a brand of a tobacco product, a
trademark of a tobacco product or a trade name associated exclusively
with a tobacco product.
TOBACCO PRODUCT PROMOTION
Any item or service marketed, licensed, sold or distributed,
whether indoors or outdoors, which is not a tobacco product but which
bears the brand of a tobacco product, a trademark of a tobacco product
or a trade name associated exclusively with a tobacco product, alone
or in conjunction with any written word, picture, logo, symbol, motto,
selling message, poster, placard, sign, photograph, device, graphic
display or visual image of any kind, recognizable color or pattern
of colors, or any other indicia or product identification identical
or similar to, or identifiable with, those used for any brand of tobacco
product; or any gift or item, other than a tobacco product, offered
or caused to be offered to any person purchasing a tobacco product
in consideration of the purchase thereof, or to any person in consideration
of furnishing evidence, such as credits, proofs-of-purchase or coupons,
of such purchase; provided, however, that a tobacco product promotion
shall not include any gift or item provided through the exchange or
redemption through the mail of any such credits, proofs-of-purchase,
coupons or other evidence of the purchase of a tobacco product.
YOUTH CENTER
Any building or structure or portion thereof lawfully occupied
by any person for the primary purpose of operating an indoor recreational
center (including recreational, cultural, physical fitness or sports
programs) for persons under the age of 18 years and which has been
certified as such by the City of Glen Cove, County of Nassau or State
of New York.
The person, owner, operator or lessee of any location or premises where a tobacco product advertisement and nicotine product advertisement is prohibited or restricted pursuant to the requirement of this chapter shall have 30 days from the effective date of this chapter, as amended, to remove any noncompliant tobacco product advertisements and nicotine product advertisements, except as set forth in §
257-2A hereof.
Nothing in this chapter shall prevent a tobacco
product or nicotine product manufacturer, distributor or retailer
who sponsors, in whole or in part, any athletic, musical, artistic
or cultural event, or team or entry in a competition or exhibition
in any location, from displaying or causing to be displayed the corporate
or other business name of such sponsor; provided, however, that the
corporate or other business name of such sponsor is registered or
filed in the United States or such sponsor is authorized to do business
in any state, and the corporate or other business name of such sponsor
does not include any brand name or trademark of a tobacco product
or nicotine product, alone or in conjunction with any written word,
picture, logo, symbol, motto, selling message, poster, placard, sign,
photograph, device, graphic display or visual image of any kind, recognizable
color or pattern of colors, or any other indicia or product identification
identical or similar to, or identifiable with, those used for any
brand of a tobacco product or nicotine product.
The requirements established by this chapter
shall be administered and enforced jointly by the Police Department,
Building Department and such other employees and/or officials authorized
by the City Council from time to time. Violation of any provision
of this chapter shall be cause for a ticket/information to be issued.
Any person who violates any provision of this
chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be subject to penalties in the following manner:
A. Upon a first conviction, by a fine not less than $100
and not more than $250 or by imprisonment for a period not to exceed
seven days, or by both such fine and imprisonment.
B. Upon a second conviction, by a fine not less than
$250 and not more than $1,000 or by imprisonment for a period not
to exceed 10 days, or by both such fine and imprisonment.
C. Upon a third conviction, by a fine not less than $500
and not more than $3,000 or by imprisonment for a period not to exceed
15 days, or by both such fine and imprisonment.
D. If the violation is of a continuing nature, each day
during which it occurs shall constitute an additional, separate and
distinct offense.