[HISTORY:[1] Adopted by the Common Council of the City of Ithaca 4-7-2010 by Ord. No.
2010-02. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 280, Smoking, adopted 3-7-1990 by
Ord. No. 90-3, was repealed 9-3-2003 by Ord. No. 2003-15.
[Amended 7-7-2021 by Ord. No. 2021-05]
The primary purpose of this chapter is to reduce the proximate
exposure of the public, especially children, to the hazards and annoyance
of second-hand smoke, in all forms. Furthermore, this legislation
is intended to reduce litter and possible contamination from smoking-related
refuse, including discarded cigarette butts in public places and to
reduce the likelihood that young persons will initiate smoking, vaping,
nicotine, tobacco, or cannabis use (by reducing the incidence of public
smoking in places where young persons are likely to be present).
A.Â
Pursuant to the New York State Constitution, the Common Council of
the City of Ithaca may adopt and amend laws pertaining to the protection,
conduct, safety, health and well-being of the persons and property
in the City. Similarly, the Charter of the City of Ithaca provides
that the Common Council may enact and enforce any ordinance (not repugnant
to the constitution or laws of the state) for any local purpose (except
fluoridation of the water supply) pertaining to the preservation of
order, peace and health, and the safety and welfare of the City and
the inhabitants thereof.
B.Â
The Clean Indoor Air Act adopted by the New York State Legislature
(Public Health Law, Article 13-E, § 1399-n et seq.) addresses
indoor smoking only and, in any case, specifically provides that "nothing
herein shall be construed to restrict the right 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."
For the purposes of this chapter, the following terms shall
have the following definitions:
A facility where care and supervision are provided for children
in exchange for consideration. For the purposes of this chapter, a
"child-care center" refers only to such a facility that is licensed
by New York State or Tompkins County to operate as such.
Persons under the age of 18 years.
Any structure owned by the City of Ithaca, except for any
such structure that is subject to a written lease to another party,
provided such lease was entered into prior to the effective date of
this chapter and provided such lease does not give the City the authority
to regulate outdoor smoking on the leased premises.
The means by which persons may enter a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp. For the purposes of this chapter, "entrance"
includes the stoop, steps or ramp leading from the sidewalk or pavement
to such a door or doorway.
The means by which persons may leave a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp. For the purposes of this chapter, "exit" includes
the stoop, steps or ramp leading from the sidewalk or pavement to
such a door or doorway.
The structures and activity areas (which may be partially
enclosed or unenclosed) associated with an operation (which operation
may be governmental, recreational, educational, commercial or of another
type).
A structure that is enclosed on at least three sides and
has a roof, intended for use by persons waiting for a bus or other
mass transit vehicle.
An activity consisting of the offering of goods and/or services
for sale from a nonpermanent base of operations, including but not
necessarily limited to a cart, kiosk, table or vehicle.
An activity consisting of the provision of facilities that
are available to members of the public (with or without payment) for
eating and/or drinking in an area that is not fully enclosed by a
permanent structure (walls, roof, etc.).
An area that is not fully enclosed and that is designated
for recreational purposes or activities.
A structure that is at least partially unenclosed (for example,
with open sides) and that is intended for public use.
Written permission for an activity proposed to be conducted
on property of the City of Ithaca (including any conditions placed
upon such permission), issued and signed by the appropriate regulatory
authority of the City.
An outdoor recreation area that is designed and intended
for use by children. 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.
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). 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.
The facility where an educational institution licensed by
New York State and serving students in any grade from kindergarten
through 12th grade is located.
The emission produced by the burning of a lighted cigar,
cigarette, pipe or any other matter or substance meant for inhalation
into the lungs, including but not limited to vaping, or any other
mechanism which produces emissions, and which may contain tobacco,
nicotine and/or cannabis, as that term is defined by the New York
State Penal Law.
[Amended 7-7-2021 by Ord. No. 2021-05]
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance meant for inhalation into the lungs, including
but not limited to vaping and which may contain tobacco and/or cannabis,
as that term is defined by the New York State Penal Law.
[Amended 7-7-2021 by Ord. No. 2021-05]
The use or operation of any electronic aerosol delivery system.
[Added 7-7-2021 by Ord. No. 2021-05]
Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject to the limited exception for streets open to regular traffic as set forth in § 280-5, below:
A.Â
At or near playgrounds, child-care centers and schools, as follows:
(1)Â
At any playground that is open to use by the public or on any public
property that is within 25 feet of such a playground.
(2)Â
On any public property that is within 25 feet of any entrance, exit,
window or ventilation intake of any licensed child-care center or
its facility.
(3)Â
On any public property that is within 25 feet of any entrance, exit,
window or ventilation intake for a school, school building or school
facility.
(4)Â
The owner of any such playground, child-care center or school shall
be required to post and maintain signage acceptable to the City advising
the public of the above restrictions.
B.Â
In other areas or at events where persons cannot readily escape nearby
second-hand smoke, as follows:
(1)Â
Within any outdoor dining area (whether covered or not) located on
City-owned property, including the Ithaca Commons, as follows:
(a)Â
Within any seating area for outdoor dining and/or drinking associated
with a bar or restaurant that is on City property and subject to a
City license and that is in use for that purpose; and
(b)Â
Within any seating area for outdoor dining and/or drinking,
established or maintained by the City or its agent, that is in use
for that purpose.
(2)Â
On any public property that is within 25 feet of the area occupied
by a mobile vending cart or other mobile vendor operating on City-owned
(or City-leased) property.
(3)Â
At outdoor events on City-owned property, as follows:
(a)Â
Within the outdoor seating and viewing areas for open-air concerts,
dances, parades, other performances, lectures, motion-picture or video
presentations or similar open-air presentations for which a permit
from the City is required and when in use for that purpose.
(b)Â
Within the outdoor seating and viewing areas associated with
unenclosed (or partially enclosed) sports areas or similar open-air
recreational facilities.
(c)Â
During outdoor festivals, block parties and similar events on public property, for which a permit from the City is required, that will involve the concentration of persons in small or constrained spaces. For such an event, smoking is prohibited within the area covered by the City permit, except within a designated smoking area as described in Subsection B(3)(d), below.
(d)Â
If the sponsor of an outdoor event (per Subsection B(3)(a), (b) or (c) above) wishes to allow smoking at the event, the sponsor must propose and request (from the permit issuer) a designated smoking area associated with the event (which must be so marked, may not be in a permanently smoke-free area and would result in little or no direct exposure of nonsmokers to second-hand smoke); if no such exception is requested and granted, the event must be entirely smoke free. For an event occupying a portion of the Ithaca Commons, the designated smoking area shall be that part of the Commons where outdoor smoking is not otherwise prohibited. (See Subsection C(1), below.)
(4)Â
Any licensee or permit holder for an outdoor dining area, vending
or outdoor event on City-owned property shall be required to inform
members of the public of applicable restrictions on outdoor smoking
(for example, through signs posted on a mobile vending cart, at the
perimeter of an outdoor dining area or outdoor event and/or in the
publicity for an event).
C.Â
In certain other areas, as follows:
(1)Â
On any part of the Ithaca Commons, and within the alleys to the south
of it, as follows:
[Amended 10-6-2010 by Ord. No. 2010-07]
(a)Â
For the purpose of this section, the Ithaca Commons consists of the
entirety of the public right-of-way of the 100 block of North Tioga
Street lying to the south of the southerly curbline of East Seneca
Street, and the entirety of the public right-of-way of the 100 and
200 blocks of East State/Martin Luther King Street lying between the
easterly curbline of Cayuga Street, and the westerly curbline of Aurora
Street;
(b)Â
Smoking is also prohibited within the so-called "Home Dairy Alley"
(running south from the Commons) and its southerly extension beneath
the Green Street Parking Garage (to the northerly curbline of East
Green Street), and within that part of the City-owned portion of the
alley between the Green Street Parking Garage and the property to
the north commonly referred to as "Center Ithaca" that is west of
the easterly stairway located in said alley.
(2)Â
Public
sidewalk.
[Added 6-1-2011 by Ord. No. 2011-03[1]]
(b)Â
For the purpose of this section, "public sidewalk" means that area
between the outside of the curb and the property line of the adjacent,
privately owned property that fronts on said sidewalk.
[1]
Editor's Note: This ordinance also redesignated former Subsection
C(2) through (8) as Subsection C(3) through (9), respectively.
(3)Â
Outside City-owned buildings, 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 by the City of Ithaca.
(4)Â
In City-owned parks, as follows: Within certain City-owned parks
or areas of certain City-owned parks, as follows:
(a)Â
In Stewart and Cass Parks, as follows: Smoking is prohibited
in designated, smoke-free areas (See below and maps dated April 7,
2010, on file in the City Clerk's Office.); outdoor smoking is otherwise
permitted in these parks, except that the managers of City-operated
programs in these parks shall have authority to designate (with appropriate
signage) additional smoke-free areas when in use for those programs,
when such designation is reasonably necessary for the protection of
public health.
[1]Â
Cass Park smoke-free areas (in addition to playground areas)
are:
[a]Â
All playing fields, when in active use for recreational
purposes, and within 25 feet of the boundary of a playing field, when
the field is in use for such purpose;
[b]Â
Inside any pavilion or within 25 feet of it;
[c]Â
Inside the skating rink structure or within 25
feet of it;
[d]Â
Within the fenced area around the swimming pool;
and
[e]Â
The tennis courts, when in active use for recreational
purposes.
[2]Â
Stewart Park smoke-free areas are:
[a]Â
The playground/pavilion area, namely, the area
bordered by the inner park roads, plus the large pavilion and a twenty-five-foot
buffer around it (includes carousel and sprinkler area; runs to lake
shore);
[b]Â
The tennis courts, when in active use for recreational
purposes; and
[c]Â
Inside the boathouse and within 25 feet of any
entrance, exit, window or ventilation intake.
(b)Â
Anywhere within any other City-owned or operated park (including
DeWitt Park), except that this prohibition shall not apply to the
City-owned festival lands/off-leash area currently operated as part
of Allan H. Treman State Park.
(6)Â
In City-owned natural areas, as follows: no smoking within the following
designated (or otherwise specified) natural areas, both within and
outside the boundaries of the City of Ithaca:
(8)Â
Inside, or on any public property within 25 feet of, any mass transit
shelter.
(9)Â
At facilities leased or licensed to others, as follows:
(a)Â
Whenever the City is negotiating a new or renewed lease or license
for use of City land or buildings, the City shall include in such
lease or license a provision that will apply outdoor smoking rules
comparable to those for other, comparable City property (as set forth
herein).
(b)Â
As for existing leases, where this chapter would not apply automatically,
the City shall ask such lessees to agree (voluntarily) to operate
the outdoor areas of the leased premises in a manner that is consistent
with City regulation of smoking in comparable outdoor areas.
Streets open to regular vehicular traffic are exempt from the
prohibitions on outdoor smoking emanating from an adjacent area, except
that such prohibition shall extend into the parking lane of such a
street and to persons in or on a vehicle in an affected parking area
on public property (such as near a school or playground).
All maps referenced in this chapter are visual approximations
of legislative intent as expressed in the language of this chapter.
Any person who violates any provision of this chapter by smoking
in an area where outdoor smoking is hereby prohibited shall be guilty
of an offense punishable by the following penalties:
This chapter shall take effect on August 1, 2010, upon publication
of notice as provided in the Ithaca City Charter.
