[Derived from Art. XVII of Ch. VI of the Charter and Ordinances,
1974, amended in its entirety 1-10-1995, effective 1-23-1995]
Because of smoking of tobacco or any other weed or plant is
the number one cause of preventable death and secondhand smoke kills
53,000 Americans annually, the Common Council hereby finds and declares
that the purpose of this Article is to protect health and welfare
by creating smoke-free environments in all City buildings and any
vehicles owned or leased by or to the City of Buffalo.
[Amended 4-2-1996, effective 4-17-1996; 1-20-2015; 7-25-2017, effective 7-25-2017]
It shall be unlawful for any person to smoke within any City
building or any vehicle owned or leased by or to the City entity.
It shall also be unlawful for any person to smoke in any public park,
or in any site that is both zoned as open space and owned or controlled
by the City, except in spaces where smoking is expressly permitted
by the City. This prohibition extends to all workplaces, public lobbies,
rest rooms, storage areas, corridors, elevators and other enclosed
areas within any City building; provided, however, that the provisions
of this Article shall not apply to the downtown baseball stadium currently
known as Coca-Cola Field.
[Added 7-25-2017, effective 7-25-2017]
As electronic cigarettes contain unknown chemicals and are not
fully regulated by the FDA, as the vapor produced by electronic cigarettes
may be detrimental to the health and welfare of users and bystanders,
and as the sale of electronic cigarettes affects public health, safety,
and general welfare, the sale of electronic cigarettes is considered
a restricted use in the City of Buffalo. Any individual or entity
seeking to establish said use must apply for a Restricted Use Permit
with the Common Council, subject to the provisions enumerated in § 511-55
of the Code of the City of Buffalo.[1]
For purposes of this Article, the following words and terms
shall mean the following:
Any public building or other structure or portion thereof
owned, operated, occupied or leased by or to the City of Buffalo,
its agencies, boards and commissions and the appropriate officials
of such entities. This definition does not extend to properties used
for residential purposes or those properties that are operated primarily
for nonpublic purposes.
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit.
The City of Buffalo, its agencies, boards and commissions
and the appropriate officials thereof.
Closed in by a roof and four walls with appropriate openings
for ingress and egress, and is not intended to mean areas commonly
described as "public lobbies."
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind.
Includes inhaling, exhaling, burning or carrying any lighted
smoking equipment for tobacco or any other weed or plant; or electronic
cigarettes.
[Amended 1-20-2015]
Any enclosed area of a structure or portion thereof intended
for occupancy by City entities which will provide labor, clerical,
professional or business services to the City, to other business entities
or to the public at that location.
The employer or occupant managing the City building or premises
wherein a smoke-free environment has been hereby created shall post
in conspicuous places signs that are clearly visible and at least
18 inches long and 12 inches high, with red lettering on a white background,
such lettering being at least two and one-half (2 1/2) inches
high, which shall read as follows:
Any person violating the provisions of this Article shall be
subject to a fine of not less than $50 nor more than $500 for each
such violation.
[Added 3-21-1995, effective 4-3-1995; amended 4-18-1995, effective 5-1-1995]
This Article shall become effective April 1, 1995. The provisions
of this Article shall become effective January 1, 1996, for the following
City buildings: the Buffalo Convention Center, the Buffalo Memorial
Auditorium, the Delaware Park Marcy Casino, Kleinhans Music Hall,
the Lafayette Ice Rink, the downtown baseball stadium formerly known
as "Pilot Field" and Shea's Buffalo Center for the Performing
Arts.
