[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 6-21-1999 by L.L.
No. 5-1999. Amendments noted where applicable.]
A.
On July 5, 1989, Governor Cuomo signed Chapter 244 of the Laws of 1989 which imposes significant restrictions on smoking in public places and the workplace. The New York Clean Indoor Air Act[1] (hereinafter referred to as the "Act") strictly prohibits
smoking in auditoriums, elevators, gymnasiums, enclosed indoor areas
containing a swimming pool, indoor areas open to the public, food
stores, classrooms, public transportation, and ticketing and boarding
areas in public transportation terminals.
[1]
Editor's Note: See Article 13-E of the Public Health Law.
B.
The Act generally restricts smoking in any indoor areas open to the
public, including public and private schools, general hospitals, residential
health care facilities and other licensed facilities where persons
reside, public buildings, theaters, museums, libraries, retail stores,
commercial establishments which are used for the purpose of carrying
on or exercising any trade, profession, vocation or charitable activity,
indoor arenas, waiting rooms and waiting areas, banks and other financial
institutions, restrooms, waiting areas in public transportation terminals
and service areas in cafeterias and businesses selling food for on-premises
and off-premises consumption. However, the owners or operators of
these areas may designate a smoking area within the premises.
The Village of Monticello hereby sets forth as official policy
pertaining to smoking, effective January 1, 1990, to provide nonsmoking
employees with a smoke-free area. A work area may be set aside for
smoking if all employees assigned to such area agrees to the designation.
The employer must provide for nonsmoking areas in employee cafeterias,
lunch room and lounges sufficient to meet employee demand. Employee
demand should be deemed to be met if 70% of the seating capacity of
said areas is designated as a nonsmoking area. Within the work area,
smoking is strictly prohibited in gyms, restrooms, classrooms, hallways
and rooms which contain office equipment that is used in common. Smoking
is prohibited in conference or meeting rooms unless everyone agrees
that smoking may be permitted.
A.
The Village of Monticello shall prominently post the smoking policy
on bulletin boards at each facility within Village offices, i.e.,
Administrative (Village Hall), Police Department, Fire Department,
Justice Court, Department of Public Works, Parks and Recreation (Neighborhood
Facility), Sewer Department and Water Department. The Village will
also provide a written copy, upon request, to employees or prospective
employees.
B.
Employers are not required to make any expenditures or structural
changes to create a smoke-free work area. However, if the employer,
after using its best efforts, cannot comply with an employee's
request for a smoke-free work area, the employer shall designate that
employee's work area as a smoke-free work area. Further, if an
employer implements a policy that is more restrictive than the minimum
requirements set forth in the Act and a collective bargaining unit
exists within the establishment, the policy will be subject to applicable
law governing collective bargaining.
C.
The Village Manager, in his absence, hereby designates each department
supervisor as the individual responsible for informing individuals
smoking in a nonsmoking area that they are in violation of the Act.
The Board of Health of a county shall be the Enforcement Officer
for the Act. If the county does not have a Board of Health, the County
Legislature or Board of Supervisors may designate an officer. If the
county does not so designate an officer, the Department of Health
shall be deemed the Enforcement Officer. However, the county may designate
an Enforcement Officer anytime thereafter.
The Commissioner may impose a civil penalty of up to $1,000
for each violation if the Department of Health is the enforcement
officer. Any other Enforcement Officer may impose a penalty of up
to $500 for each violation.
