[HISTORY: Adopted by the Town Board of the Town of Saugerties 4-6-2011 by Local Law No. 2-2011. Amendments noted where applicable.]
This chapter is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York, including, but not limited to, § 10 thereof. The Town of Saugerties declares that smoking in and upon certain Town-owned property is deleterious to such property and harmful to the health of persons using and enjoying such Town-owned lands. The Town Board further finds and determines that human health is seriously threatened by exposure to environmental tobacco smoke (ETS) and that recent findings by the federal Environmental Protection Agency (EPA) make clear that ETS, or secondhand smoke, is a human carcinogen responsible for lung cancer deaths in nonsmoking adults. Further, the EPA has concluded that exposure to ETS increases the risks of respiratory and middle ear diseases in children, contributing to cases of bronchitis and pneumonia in infants and young children. Further, exposure to ETS significantly worsens the condition of asthmatic children and contributes to new cases of asthma in once-healthy children. Accordingly, and based upon the authority of the Town of Saugerties to regulate the use of its property and the authority of the Town to enact laws in furtherance thereof, including, but not limited to, Town Law § 64 and § 130, Public Health Law § 1399-r, and the Municipal Home Rule Law § 10, the Town of Saugerties adopts this chapter in furtherance of the health, welfare, and safety of the Town and its residents.
Smoking (principally, but not exclusively, meaning the use, ignition, and/or consumption of tobacco and other combustible products designed to be inhaled through cigarettes, cigars, pipes, and similar devices) is prohibited in or upon any building, facility, premises or grounds of each and all of the following areas: Any and all parks and recreational areas owned by the Town of Saugerties.
This chapter may be enforced by any New York State Police, Ulster County Sheriff, or local police or peace officer, or by any person designated by the Town Board of the Town of Saugerties as an enforcement officer relative to this chapter. The Town Code Enforcement Officer(s) and any Town of Saugerties Police Department officer shall be deemed enforcement officers under this chapter.
Any person violating the provisions of this chapter shall be deemed to have committed a violation and shall be subject to criminal prosecution for such violation, with the fine imposed to be not less than $50 and not greater than $250 per violation. Nothing contained in this chapter shall be construed to exempt an offender from any other prosecution or penalty otherwise provided by law.
This chapter shall in no way limit or alter any restriction upon smoking imposed by any law of the State of New York.