The Town Board of the Town of Lima finds, declares and determines
that smoking on real property owned by the Town of Lima should be
prohibited in order to:
A. Protect the public health, safety and general welfare of Town officials,
employees, business invitees or guests, by eliminating exposure to
secondhand smoke in Town-owned or -controlled real property or motor
vehicles and equipment.
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 or in motor vehicles or equipment
owned by or under the control of the Town of Lima.
D. Recognize the right and benefit to municipal residents and visitors,
as well as employees or officers of the Town of Lima, to be free from
unwelcome secondhand smoke while on real property or in a motor vehicle
or equipment owned or operated by the Town of Lima.
All real property owned by the Town of Lima shall be subject
to the provisions of this chapter. 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 Town
road system established under § 115 of the New York State
Highway Law.
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 chapter regulates smoking. NO SMOKING signs shall
be protected from tampering, damage, removal or concealment.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.