Town of Riverhead, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Riverhead 7-15-2014 by L.L. No. 7-2014 (Ch. 38 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco advertising — See Ch. 283.
A. 
This Legislature hereby finds and determines that human health is seriously threatened by exposure to environmental tobacco smoke (ETC) and that recent findings by the Federal Environmental Protection Agency (EPA) make clear that ETS, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmokers.
B. 
This Legislature also finds and determines that although smoking is prohibited in Town facilities within the Town of Riverhead, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Riverhead declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by protecting smoking and tobacco use by persons at nondesignated areas. The odor from smoking tobacco products and litter caused by improper disposal of cigarette butts in public areas can significantly reduce the enjoyment of a healthy and wholesome environment free of smoking-related pollution. By prohibiting smoking at public areas, the Town desires to promote and enhance the healthy and wholesome environment and its safe enjoyment by all individuals, especially children.
C. 
Smoking and tobacco use are not prohibited in areas specifically designated and suitably equipped for that purpose.
As used in this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given:
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
A. 
It shall be a violation of this chapter for any person to smoke or carry lighted cigarettes or other smoking devices, including but not limited to cigars, cigarellos, pipes, and the like, in Town of Riverhead parks, recreation areas, playgrounds, and beaches. Such conduct is prohibited except where conspicuously designated "Smoking Permitted" or otherwise.
B. 
Smoking is prohibited within a fifty-foot radius of all entrances to all Town buildings and facilities within the Town of Riverhead which are either owned or leased by the Town of Riverhead and which are designated as accessible by the public.
C. 
The Town further determines and declares that all Town of Riverhead owned parks, playgrounds, and recreational areas shall be designated "Tobacco-Free Zones."
D. 
Except as otherwise provided in this Code, smoking and/or tobacco use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this chapter.
A person who commits or permits any acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this chapter and shall be liable for such violation and the penalty therefor and shall, upon conviction thereof, be subject to a fine or penalty of not less than $50 and not more than $100.