[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); amended in its
entirety 6-7-2022 by L.L. No. 7-2022. Subsequent amendments noted where
applicable.]
A.Â
At least four decades ago, our federal and state governments studied
and reported on the overwhelming evidence that tobacco use and second
hand smoke (SHS) also known as environmental tobacco smoke (ETC),
a mixture of chemical compounds released into the air as gases and
fine particles with at least 69 of the compounds identified as carcinogens
or cancer-causing agents, caused a great health risk. In 2000, New
York created the New York State Tobacco Control program (NYS TCP)
and through the NYS TCP effectively implemented the Clean Indoor Air
Act (CIAA) (Public Health Law, Article 13-E) which prohibited smoking
in workplaces, bars, restaurants and other establishments and strongly
enforced laws that restrict minors' access to tobacco. In the
past decade, other less traditional methods of tobacco use, i.e.,
electronic cigarettes that delivers vapor which is inhaled by an individual
user, requiring amendment to provisions of Public Health Law to address
these methods of tobacco use. On March 31, 2021, the Marihuana Regulation
and Taxation Act (MRTA) was signed into law. The MRTA legalized adult
use cannabis (also known as marijuana) and amended the Public Health
Law in relation to the definition of smoking. While the Town made
findings and determinations regarding human health and adopted Local
Law No. 7-2014, due to the changes in law and methods of tobacco and
cannabis use, the Town seeks to amend and update the Town Code related
to smoking and use prohibitions to promote a healthy and safe environment
for all individuals, especially children.
B.Â
The Town Board of the Town of Riverhead determines and finds that Town-owned public buildings, accessed by all citizens of the Town of Riverhead, and Town-owned beaches, playgrounds and parks, with improvements predominately for the purpose of providing recreation for children, young adults and families, such that in order to protect and promote the public health, safety and welfare of the employees and citizens of the Town of Riverhead, it is necessary to restrict the acts of smoking and tobacco and cannabis use in and around Town-owned buildings, parks, recreation areas and playgrounds. In addition, the Town determines and finds that the protection and promotion of public health, safety and welfare requires that the acts of smoking tobacco and cannabis at Town-sponsored and cosponsored events and events requiring a permit pursuant to Chapter 255 be prohibited, except in areas designated and approved by the Town and conspicuously designated "Smoking Permitted," This provision does not address nor is it intended to prohibit certified medical marijuana consumption in an ingestible and nonsmoking form by a certified patient.
C.Â
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:
Cannabis or Cannabis-infused products means products that
have been manufactured and contain either cannabis or concentrated
cannabis and other ingredients that are intended for use or consumption.
Cannabis means all parts of the plant of the genus Cannabis,
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin.
Electronic cigarette or e-cigarette means an electronic device
that delivers vapor which is inhaled by an individual user, and shall
include any refill, cartridge and any other component of such a device.
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. Smoking means the burning of a lighted
cigar, cigarette, pipe or any other matter or substance which contains
tobacco or cannabis including the use of an electronic smoking device
that creates an aerosol or vapor.
"Tobacco or Tobacco-infused product" means any product, made
wholly or in part of tobacco or of any other substance, irrespective
of size or shape and whether or not such tobacco or substance is flavored,
adulterated or mixed with any other ingredient, intended for consumption.
Includes smoking and the chewing of tobacco.
"Town-owned beaches, parks and playgrounds" includes all
beaches, parks, playgrounds and recreation areas owned, leased, used,
operated and maintained by the Town of Riverhead, including, but not
limited to, Amerman Park, Bayberry Park, Grangebel Park, Stotsky Park,
South Jamesport Beach, Veterans Memorial Park, and Wading River Beach.
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Riverhead or any of its departments
and used for the conduct of public business, including, but not limited
to, the Town Hall, Highway Department, and Town Justice Court and
any buildings, structures or enclosed areas located at any Town-owned
park, recreation area or playground.
A.Â
It shall be a violation of this chapter for any person to smoke tobacco
or cannabis, including the use of an electronic smoking device that
creates an aerosol or vapor, and use of tobacco or cannabis (commonly
referred to as marijuana) products at all Town- owned buildings and
beaches, parks, playgrounds and recreational areas, except where conspicuously
designated "Smoking Permitted" or otherwise.
B.Â
In addition to § 271-3A above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited within 50 feet of the property boundary of all Town-owned buildings not located in at a beach, park, playground or recreation area.
C.Â
In addition to § 271-3A above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited within 500 feet of the property boundary of all Town-owned buildings located within a beach, park, playground or recreation area and within 500 feet of the boundary of all Town-owned beaches, parks, playground and recreation areas.
D.Â
In addition to § 271-3A and B above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited at any Town-sponsored or cosponsored event. In addition, the prohibition of smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis products shall be applicable to Chapter 255 events as follows: along or within 50 feet of highways, roadways, sidewalks and right of ways included and made part of a parade route, within 50 feet of an area included and made part of a place of assembly, and within 50 feet of an area designated and made part of a special event, except in areas designated and approved by the Town and conspicuously designated "Smoking Permitted."
E.Â
In addition to § 271-3A above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited. The Town further determines and declares that all Town-owned parks, recreation areas and playgrounds shall be designated as tobacco and cannabis free zones.
F.Â
Except as otherwise provided in this code, smoking and/or tobacco
or cannabis 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 $150 and not more than $250.
