[HISTORY: Adopted by the Town Board of the Town of Hamburg 1-14-2013 by L.L. No.
1-2013. Amendments noted where applicable.]
The Town Board of the Town of Hamburg hereby finds and declares
it to be in the public interest to provide for the regulation of certain
conduct in the area surrounding the many Town-owned buildings located
within the Town of Hamburg which serve a wide variety of functions
and residents. It is the purpose of this chapter to protect the public
interest, welfare, health and safety within the Town of Hamburg by
prohibiting smoking within 25 feet of all entranceways, windows, or
intake ventilation systems in Town-owned buildings. The Town Board
further finds that the prohibition of smoking is beneficial to those
residents with medical conditions such as asthma who utilize the services
provided by Town-owned buildings.
As used in this chapter, the following terms shall have the
meanings indicated:
A battery operated device that contains a cartridge and/or
liquids consisting of chemicals, nicotine and/or flavoring that are
turned into vapor which may be inhaled by a user.
[Added 11-7-2016 by L.L.
No. 7-2016]
Any product that consists of cut, ground, powdered or leaf
tobacco that is intended to be placed by the consumer in an oral cavity.
[Added 11-7-2016 by L.L.
No. 7-2016]
To inhale or exhale the smoke of burning tobacco or a tobacco
substitute, electronic cigarette or e-cigarette, or smokeless tobacco,
and also to carry burning tobacco or a tobacco substitute in the form
of a cigarette, cigar, or any other smoke-producing product or device,
including pipes.
[Amended 11-7-2016 by L.L. No. 7-2016]
Any building, structure or enclosed area owned, leased, used,
or operated by the Town of Hamburg or any of its departments and used
for the conducting of public business, including but not limited to
Town Hall, Highway Department buildings, Town Court and police buildings.
A.
Smoking shall continue to be prohibited in all buildings owned by
the Town of Hamburg or any department of the Town of Hamburg, without
exception.
B.
Smoking shall also be prohibited within 25 feet of any entrance,
open window, or ventilation intake to any Town-owned building which
serves an area where smoking is prohibited.
A.
Smoking prohibition signs or the international "no smoking" symbol
(consisting of a pictorial representation of a burning cigarette with
a red bar running diagonally across the cigarette) shall be clearly
and conspicuously posted at each entrance to any Town building in
or around which smoking is prohibited, as more particularly set forth
herein.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$150 or by imprisonment for a term not exceeding 10 days, or by both
a fine and imprisonment. A repeat offense shall constitute, for each
specific violation of this chapter, a separate and distinct offense
hereunder.
This chapter shall take effect immediately upon filing.
If any portion of this chapter shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
portion thereof shall be deemed inoperative, and the balance of said
local law shall be deemed to be in full force an effect.
