Town of Lloyd, NY Chapter 87 Smoking

[HISTORY: Adopted by the Town Board of the Town of Lloyd 8-11-2010 by L.L. No. 12-2010.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law was originally adopted as Ch. 83 but was renumbered to maintain the alphabetical structure of the Code.

§ 87-1 Findings.

The Town of Lloyd finds that smoking shall be prohibited upon all real property owned or leased by the Town of Lloyd and utilized as recreation, parks or outdoor public areas 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 Town of Lloyd.

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 Town of Lloyd.

§ 87-2 Applicability.

All real property owned or leased by the Town of Lloyd and utilized as recreation, parks or outdoor public areas shall be subject to the provisions of this chapter of the Town Code. 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 Town road system or county road system in the Town established under § 115 of the New York State Highway Law.

§ 87-3 Definition; prohibited.

A. Definition. As used in this chapter, the following term shall have the meaning indicated:

SMOKING

Inhaling of, exhaling of, burning of, or carrying of any lighted cigar, cigarette, pipe, weed, or other plant in any manner or any form.

B. Smoking shall be prohibited upon all real property owned or leased by the Town of Lloyd and utilized as recreation, parks or outdoor public areas 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 Town of Lloyd.

§ 87-4 Posting of signs.

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 Town Code chapter.

§ 87-5 Enforcement.

A. Complaint; stipulation offer.

(1) For the purpose of this chapter of the Town Code, the term "enforcement officer" shall mean the Ulster County Board of Health or any police agency that has officers in the Town of Lloyd. The enforcement officer may cause to have issued and served upon the person complained against a written notice, together with a copy of the complaint made against him, which shall specify the provisions of this chapter of the Town Code of which such person is said to be in violation and a statement of the manner in which that person is said to violate it and shall require the person so complained against to answer the charges of such complaint at a public hearing before the Board of Health or the Town Justice Court at a time not less than 15 days after the date of service of notice.

(2) The Board of Health or local enforcement agency may serve, together with a copy of complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing.

B. If the enforcement officer determines, after a hearing, that a violation of this chapter of the Town Code has occurred, a civil penalty may be imposed by the enforcement officer pursuant to § 87-6 of this chapter of the Town Code. Nothing herein shall be construed to prohibit an enforcement officer from commencing a proceeding for injunctive relief to compel compliance with this chapter of the Town Code.

C. Any person who desires to register a complaint under this chapter of the Town Code may do so with any appropriate enforcement officer.

D. The decision of any hearing officer shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.

E. The enforcement officer, subsequent to any appeal having been finally determined, may bring an action to recover the civil penalty provided in § 87-6 of this chapter of the Town Code.

§ 87-6 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter of the Town Code.

B. Any person who violates any provision of this chapter of the Town Code shall be guilty of a violation, punishable by a civil penalty not to exceed $500.

§ 87-7 Construal of provisions.

This chapter of the Town Code shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

§ 87-8 Severability.

If any provision, clause, sentence, or paragraph of this chapter of the Town Code or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter of the Town Code which can be given effect without the valid provision or application, and to this end the provisions of this chapter of the Town Code are declared to be severable.