[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.
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.
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.
A.
SMOKING
Definition. As used in this chapter, the following term shall have
the meaning indicated:
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.
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.
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.
This chapter of the Town Code shall not be interpreted or construed
to permit smoking where it is otherwise restricted by other applicable
laws.
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.