The Legislature of the County of Ulster finds that smoking shall
be prohibited upon all real property owned or leased by the County
of Ulster in order to:
A. Protect the public health, safety and general welfare by eliminating
exposure to secondhand smoke.
B. Acknowledge the need of nonsmokers, especially children, to breathe
smoke-free air, recognizing the danger to public health which secondhand
smoke causes.
C. Recognize that the need to breathe air free of the disease-causing
toxins in secondhand smoke should have priority over the desire and
convenience of smoking on real property owned or leased by the County
of Ulster.
D. Recognize the right and benefit to municipal residents and visitors
to be free from unwelcome secondhand smoke while on real property
owned or leased by the County of Ulster.
All real property owned or leased by the County of Ulster shall
be subject to the provisions of this article. The term "real property"
shall include real estate, lands and any structures, buildings or
facilities located upon said real estate and lands. The term "real
property" shall not include roadways and rights-of-way located within
the County road system established under § 115 of the New
York State Highway Law.
[Amended 2-17-2015 by L.L. No. 3-2015]
A. "Smoking" shall mean inhaling of, exhaling of, burning of, or carrying
of any lighted cigar, cigarette, pipe, weed, or other plant in any
manner or any form, and shall also include the inhaling or exhaling
of smoke/vapor from an electronic smoking device.
B. "Electronic smoking device" shall mean an electronic device that
can be used to deliver nicotine or other substances to the person
inhaling from the device, including but not limited to an electronic
cigarette, cigar, cigarillo or pipe.
C. Smoking
shall be prohibited upon all real property owned or leased by the
County of Ulster as set forth herein, except when located within a
moving motor vehicle which is in the process of exiting or entering
real property owned or leased by the County of Ulster.
Signs clearly stating "Smoking is Prohibited" or "No Smoking"
and/or signs consisting of the universal pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it shall be predominantly and conspicuously posted upon the entrance
to all real property where smoking is regulated by this article.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.