[Added 10-20-2008 by Ord. No. 66.81.07]
A. 
The City of Albany Common Council finds that scientific studies have proven that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, and cancer of the lungs, larynx, esophagus, mouth, and bladder and contributes to cancer of the cervix, pancreas, and kidneys. The use of cigars is also known to cause lung, larynx, esophageal, and oral cancer. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable illness. Furthermore, the United States Environmental Protection Agency has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a Group A carcinogen. Exposure to secondhand smoke is the third leading cause of preventable death in this country.
B. 
The City of Albany Common Council further finds that as health care facilities have prohibited smoking in their facilities and directly adjacent to their building doorways, there has been a large increase in people smoking on the public streets and sidewalks adjacent to these facilities. These streets and sidewalks at times are difficult to pass through because of the number of people congregating and the clouds of smoke that fill the air. It has also become unsightly as cigarette butts are thrown all over the ground, causing a litter problem in the area. Bus shelters are also being used by smokers as shelters during inclement weather. As the area above the sidewalk is enclosed by the shelter, the smoke is dangerous to those individuals with breathing difficulties.
[Amended 7-7-2014 by Ord. No. 29.41.14]
As used in this article, the following terms shall have the meanings indicated:
BUS SHELTER
Any covered structure at a bus stop, placed upon a sidewalk in the City of Albany, providing protection against the weather for people waiting for a bus.
[Amended 7-7-2014 by Ord. No. 29.41.14]
HEALTH CARE FACILITY
For purposes of this article, the term "health care facility" shall be deemed to include a hospital as defined in § 2801 of the Public Health Law and shall also include such facilities related to the hospital as laboratories, outpatient departments, training facilities, central service facilities and staff offices.
PUBLIC PLACE
Shall mean any place open to the general public, including, for example, streets, sidewalks, playgrounds, or bus stops. For sidewalks and driveways, this shall include the curb or, if no curb, the edge of the pavement.
[Amended 7-7-2014 by Ord. No. 29.41.14; 3-5-2026 by Ord. No. 1.21.26]
A. 
It shall be unlawful to engage in smoking, vaping, or use of any combustible or electronic tobacco, nicotine, or cannabis products within 100 feet of any building structure of a health care facility, upon any public place adjoining a health care facility and inside of any bus shelter.
B. 
Health care facilities and bus transportation providers shall post "No Smoking" or "Smoke Free" signs or the international "No Smoking" symbol, or both, in conspicuous places on their properties sufficient to provide public notice of this prohibition.
[Amended 7-7-2014 by Ord. No. 29.41.14]
The presence or absence of signs shall not be a defense to a violation of this article. A person found to be in violation of § 323-98 is subject to a fine up to $50 per violation.