Village of Geneseo, NY
Livingston County
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[HISTORY: Adopted by the Board of Trustees of the Village of Geneseo as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-2010 by L.L. No. 4-2010]
The Board of Trustees of the Village of Geneseo finds that smoking on real property owned by the Village should be prohibited 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 by the Village of Geneseo.
D. 
Recognize the right and benefit to municipal residents and visitors to be free from unwelcome secondhand smoke while on real property owned by the Village of Geneseo.
All real property owned by the Village of Geneseo 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 Village road system established under Section 115 of the New York State Highway Law.
"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 in any form. Smoking shall be prohibited upon all real property owned by the Village of Geneseo, except when located within a moving motor vehicle that is in the process of exiting or entering real property owned by the Village of Geneseo.
SMOKING IS PROHIBITED, or NO SMOKING signs, using the international NO SMOKING symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be prominently and conspicuously posted upon the entrance to all real property where this article regulates smoking. NO SMOKING signs shall be protected from tampering, damage, removal or concealment.
A. 
For the purpose of this article, the term "enforcement officer" shall mean the Village of Geneseo Police Department, or its designee. The enforcement officer may cause to have issued and served upon the person complained against a written notice and shall require the person so complained against to answer the charges of such complaint before a Justice of the Village of Geneseo Court or its designated hearing officer at a time not less than 15 days after the date of service of notice.
B. 
If the Village Justice determines after a hearing that a violation of this article has occurred, the Court may impose a civil penalty pursuant to § 100-6 of this article. Nothing herein shall be construed to prohibit an enforcement officer from commencing a proceeding for injunctive relief to compel compliance with this article.
C. 
Any person who desires to register a complaint under this article may do so with any appropriate enforcement officer.
D. 
The Court, subsequent to any appeal having been finally determined, may bring an action to recover the civil penalty provided in § 100-6 of this article.
A. 
It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.
B. 
Any person who violates any provision of this article shall be guilty of a violation, punishable by a civil penalty not to exceed $250.
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.