This article shall be known as "The Rockland County Kids in
Cars Smoking Safety Act."
This Legislature finds that numerous studies have conclusively
demonstrated the effect secondhand smoking has in those who never
smoke even one cigarette. These risks include, but are not limited
to, heart disease, cancer, emphysema, and various other ailments that
contribute to loss of life, loss of quality of life, and increased
health care and other costs to individuals and governments. Studies
also show that children are particularly vulnerable to the dangers
of secondhand smoke; yet children are also among those least able
to avoid secondhand smoke from adults or other children who smoke
around them. One place that is currently unregulated is smoking in
vehicles with children present. Even with open windows, children are
essentially prisoners to secondhand smoke without the ability to remove
themselves from the dangerous situations. With regard to smoking electronic
cigarettes in vehicles, it has been determined that carcinogenic chemicals,
including formaldehyde, have been found in varying amounts in the
aerosols emitted upon the smoking of such cigarettes. There is therefore
concern about the potential harm to children in vehicles from secondhand
exposure to electronic cigarette aerosols. The Legislature finds,
therefore, that a local law is necessary in order to protect and promote
the public health, safety and welfare of children in Rockland County.
It shall be unlawful for the operator or any passenger in a
vehicle to smoke when any child is present.
The first violation of the provisions of this article shall
be a criminal violation punishable by a fine of between $75 and $150.
A second or subsequent violation shall be a criminal violation, punishable
by a fine of between $150 and $250.