[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.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.