[HISTORY: Adopted by Common Council of the
City of North Tonawanda 12-17-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This enactment also repealed former Ch. 79A,
Smoking, adopted 3-27-1990.
Smoking a cigarette, pipe, cigar, electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, vape pen, any cartridge
or other component of the device or related product or any other matter
of substance which contains tobacco, nicotine, any illegal substance
or any other substance that is similar shall be prohibited as follows:
A.
At all
times on the grounds of North Tonawanda City Hall which is located
at 216 Payne Avenue, North Tonawanda, New York 14120, with the following
exceptions:
(1)
Any
privately owned vehicle that is not on City Hall property for City
services.
B.
“No
Smoking” signs shall be placed on the property entrance at an
appropriate location on the exterior of the building.
C.
Penalties
for offenses.
(1)
Smoking
of tobacco, nicotine and other similar products shall be unlawful
in the areas posted as stated in this chapter.
(2)
A violation
of any provision of this chapter shall be subject to a fine not to
exceed $250 for each offense or imprisonment for not more than 15
days for each offense, or both fine and imprisonment.
D.
Severability.
The several terms and provisions of this section shall be deemed severable,
and if any provision hereof or the application hereof to any person
or circumstances is held invalid, the remainder of the section and
the applicability of such provisions to other persons and circumstances
shall not be affected thereby.
E.
When effective.
This chapter shall become effective on the day after publication in
the official newspaper of the City of North Tonawanda.
[Added 11-2-2020]
A.
Smoking a cigarette, pipe, cigar, electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, vape pen, any cartridge
or other component of the device or related product or any other matter
of substance which contains tobacco, nicotine, any illegal substance
or any other substance that is similar shall be prohibited as follows.
B.
Smoking
or consuming any part of the plant genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
pant, including hashish and hash oil; and compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin;
and any component or accessory used in the consumption of a marijuana
product, such as edibles, filters, rolling papers, pipes, and liquids
used in electronic smoking devices.
[Added 4-2-2024[1]]
C.
Smoking
or consuming any illegal substance listed in § 3306 of the
New York State Public Health Law and not prescribed by a physician.
[Added 4-2-2024]
(1)
At
all times on the grounds of North Tonawanda City Parks.
(2)
"No
Smoking/Vaping, including Cannabis," signage shall be placed on the
property entrances at an appropriate location on the park entrances.
(3)
Smoking/consumption
of cannabis, tobacco, nicotine, illegal substances, and/or other similar
products shall be unlawful in the areas posted as stated in this chapter.
D.
Penalties for offenses. The decision on punishment shall be determined
by the court and the presiding judge. It is recommended:
[Amended 4-2-2024]
(1)
A violation of any provision of this section shall be subject to
a fine not to exceed $250 for each offense or imprisonment for not
more than 15 days for each offense, or both fine and imprisonment
and/or serve court-ordered community service hours.
E.
Severability. The several terms and provisions of this section shall
be deemed severable, and if any provision hereof or the application
hereof to any person or circumstances is held invalid, the remainder
of the section and the applicability of such provisions to other persons
and circumstances shall not be affected thereby.
F.
When effective. This section shall become effective on the day after
publication in the official newspaper of the City of North Tonawanda.
