[HISTORY: Adopted by the Common Council of the City of Fulton 12-19-1989 (Ch. 142 of the 1991 Code). Amendments noted where applicable.]
In compliance with Article 13-E, § 1399-n et seq., of the Public Health Law of the State of New York, the City of Fulton has adopted the following policy on the smoking of tobacco products in public buildings and in the work area. The purpose of this policy is to comply with New York State Law and to accommodate the needs of both smoking and nonsmoking employees in accordance with this state law.
As used in this chapter, the following terms shall have the meanings indicated:
- INDOOR AREA OPEN TO THE PUBLIC
- Any indoor area or portion thereof generally accessible to the public.
- PUBLIC BUILDING
- Any building owned or operated by the City.
- SMOKE-FREE WORK AREA
- An enclosed indoor area in a place of employment where no smoking occurs.
- The burning of a lighted cigar, cigarette, pipe or other matter or substance.
- SMOKING AREA
- An enclosed area in which smoking is permitted. The enclosed smoking area shall be separated from the smoke-free area.
- WORK AREA
- An area in a place of employment where one or more employees are routinely assigned and perform services for the City.
Smoking shall not be permitted and no person shall smoke in the following indoor areas:
Waiting rooms, waiting areas and reception areas, except where so designated.
Rooms or areas which contain photocopying equipment or other office equipment used in common.
City vehicles occupied by more than one person, unless the occupants of such vehicle agree that smoking may be permitted.
Conference rooms and meeting rooms, unless everyone in the room agrees that smoking may be permitted.
All indoor areas open to the public.
All work areas open to the public.
Smoking shall be permitted in the following areas:
Private, enclosed offices of employees and work areas where smoke will not be noticed in nonsmoking areas.
Designated smoking areas established in City buildings.
Work areas not generally accessible to the public when all employees assigned to the work area agree to the designation.
The lunchroom at the Department of Public Works.
A copy of this policy shall be prominently posted in the workplace, and a written copy shall be given to any existing or prospective employee upon request.
Each department head and/or his or her designee shall be responsible for informing individuals smoking in an area in which smoking is not permitted that they are in violation of this policy.
Employees who smoke in no-smoking areas are in violation of New York State Law and City policy and will be subject to appropriate disciplinary procedures.