[HISTORY: Adopted by the Board of Trustees of the Village of Harriman 8-10-2021 by L.L. No. 5-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 113, Smoking, adopted 1-24-1990, as amended.
Article 13-E of the New York Public Health Law, also commonly known as the "Clean Air Act," prohibits smoking in most indoor areas, but prohibitions on outdoor smoking under that law are limited. In enacting Article 13-E, the New York State Legislature found that there is a substantial body of scientific research showing that breathing secondhand smoke is a significant health hazard for nonsmokers, and that it is in the best interests of the people of this state to protect nonsmokers from involuntary exposure to secondhand smoke, including emissions from e-vaping, in indoor areas and certain outdoor areas. The Village of Harriman Board of Trustees finds that it is in the public interest to protect the health and safety of its residents and others using, occupying, visiting, recreating or conducting business on certain outdoor Village properties, not covered by the state law, from the harmful effects of secondhand smoke by prohibiting smoking on such properties. Therefore, this chapter will prohibit smoking on Village parks, playgrounds, recreational areas and other outdoor areas.
Municipal Home Rule Law authorizes a village to enact a local law that is not inconsistent with state law, and to adopt local laws not inconsistent with the State Constitution. Public Health Law § 1399-r specifically provides that "smoking and vaping may not be permitted where prohibited by any other law, rule, or regulation of any state agency or any political subdivision of the state and that nothing herein shall be construed to restrict the power of any county, city, town, or village to adopt and enforce additional local law, ordinances, or regulations which comply with at least the minimum applicable standards set forth in this article."
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE or E-CIGARETTE
An electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
PLAYGROUND
An outdoor recreation area that is designed and intended for use by children and, for the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games (such as baseball, football or soccer) and, for the purposes of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game for which it is being used, together with any bleachers or other designated viewing area.
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or cannabis as defined in § 222.00 of the Penal Law, or cannabinoid hemp as defined in § 3 of the New York State Marijuana Regulation and Taxation Act. "Smoking" also means vaping.
VAPING
The use of an electronic cigarette.
Smoking shall not be permitted, and no person shall smoke, in the following outdoor areas:
A. 
Mary Harriman Park.
B. 
The Edward B. Shuart, Jr. Memorial Playground.
C. 
All playing fields located on property owned or leased by the Village.
D. 
Any playground located on property owned or leased by the Village.
E. 
Outside buildings owned or leased by the Village of Harriman as follows: at all times, on any public property within 25 feet of any entrance or exit or window or ventilation intake for any building owned or leased by the Village of Harriman.