[HISTORY: Adopted by the Town Board of the Town of Riverhead 2-20-2001 by L.L. No.
3-2001 (Ch. 94 of the 1976 Code). Amendments noted
where applicable.]
A.Â
The Town Board and the staff of the Town of Riverhead reviewed land
use studies of the location of tobacco advertising in proximity to
schools, parks and child day-care centers. In addition, the Town has
examined the actions and codes of other municipalities, including
the City of New York, the City of Long Beach, the Town of Huntington
and the Town of Southold. The Town Board of the Town of Riverhead
finds that restricting the exposure of minors to advertising regarding
tobacco and tobacco products is constitutional when achieved through
reasonable targeted limitations on such advertising in the vicinity
of schools and other locations where it is well established that children
tend to congregate. It is the intention of the Town Board to enhance
and augment compliance with and enforcement of federal, state and
local laws prohibiting the sale or distribution of tobacco products
to minors, and to protect such minors against such illegal sales.
B.Â
The Center for Disease Control and Prevention has reported that while
the rate of adult smoking of tobacco products has decreased nationwide
by 50% between 1971 and 1993, the rate of smoking among all high school
students has increased by 26% during the years 1991 and 1996, and
now stands at the highest rate since 1981. It is further noted that
this dramatic increase has occurred contrary to and at variance with
the laws of all 50 states prohibiting sale and distribution of tobacco
products to minors, and the pledge of all tobacco product manufacturers
to adhere to a voluntary industry code prohibiting advertising of
such products in a manner appealing to minors.
C.Â
In 1991, a study of the Journal of the American Medical Association
concluded that ". . . cigarette advertising encourages youth to smoke
and should be banned." In 1994, a report of the National Institute
of Medicine stated that ". . . the substantial convergent evidence
that advertising and promotion increase tobacco use by youth is impressive
and . . . provided a strong basis for legal regulation." In 1995,
a report of the Federal Center for Disease Control and Prevention
found that ". . . cigarette marketing practices appeared to be the
most likely account for [the] increase in teen smoking initiation
rates." In 1997, Liggett & Myers, Inc., a cigarette manufacturer,
made the following acknowledgment in executing a settlement agreement
with the Attorney Generals of 17 states, including the State of New
York: ". . . Liggett acknowledges that the tobacco industry markets
to 'youth,' which means those under 18 years of age. . . ." Based
upon the preponderance of the evidence that tobacco products are advertised
and promoted to minors, and that the rate of use of tobacco products
by minors has drastically increased contrary to legislation prohibiting
the sale or distribution of such products to minors, the Town Board
of the Town of Riverhead hereby finds and declares it to be in the
best interests of minors residing and/or otherwise present within
the Town to enact affirmative, reasonable and constitutionally permissible
restrictions on the advertising of tobacco products. By enacting this
legislation, it is the intent of the Town Board to promote compliance
with an enforcement of federal, state and local laws prohibiting sale
or distribution of tobacco products to minors, and therefore, in deference
to the protections afforded by the First Amendment to the Constitution
of the United States, this legislation has been narrowly drafted to
place reasonable time, place and manner restrictions on such advertising
in those locations where it is well established that minors tend to
congregate, while not imposing restrictions on such advertising clearly
directed to adults.
A.Â
CHILD-CARE CENTER
(1)Â
(2)Â
(3)Â
CIGARETTE
(1)Â
(2)Â
DWELLING
(1)Â
(2)Â
(3)Â
PARK
PERSON
SCHOOL
TOBACCO
(1)Â
(2)Â
(3)Â
TOBACCO PRODUCT ADVERTISEMENT
Definitions. For the purposes of this chapter, the following terms
shall have the meanings indicated herein, unless specifically indicated
otherwise:
Includes the following:
Any child-care arrangement, public, private or parochial child-care
center, school-age child-care program, day nursery school, kindergarten,
play school or other similar school or service operating pursuant
to authorization, license or permit of New York State.
Any facility that provides early childhood services as defined
in § 410-p of the New York State Social Services Law.[1]
Any child day-care center as defined in § 390 of the
New York State Social Services Law. Said definition shall apply whether
or not care is given for compensation, but shall not include child
day-care centers located in private dwellings and multiple-dwelling
units.
Includes the following:
Any roll of tobacco wrapped in paper or any other substance
not containing tobacco.
Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco contained therein, or its packaging and labeling is offered for use or purchase as a cigarette as described in Subsection (1) herein.
Includes the following:
MULTIPLE DWELLINGAny building or group of buildings designed for or occupied exclusively by three or more families living independently of each other.
MULTIPLE-DWELLING UNITAny separated, independent unit of residential accommodation in a multiple dwelling.
PRIVATE DWELLINGAny building or structure or portion thereof that may lawfully be occupied for residential purposes by not more than two families, including the grounds of such building or structure.
Includes active and passive public lands designated for park
purposes by the Town of Riverhead, County of Suffolk, State of New
York, United States of America or any other subdivision of government.
Any natural person, partnership, copartnership, firm, company,
corporation, limited-liability corporation, association, joint-stock
association or other legal entity.
Includes buildings, structures, premises or places, together
with the grounds thereof, which are used primarily for public or private
educational facilities at or below the 12th grade level, as recognized
and defined by the New York State Department of Education, including
but not limited to preschool, kindergartens, nursery, elementary,
primary, intermediate, junior high, middle, secondary, high, vocational
and special.
Includes the following:
CIGARETTE TOBACCOIncludes loose tobacco intended for use in what is commonly advertised as a cigarette.
SMOKELESS TOBACCOIncludes any cut, ground, powdered, or leaf tobacco that is intended to be placed in a person's mouth.
TOBACCO PRODUCTIncludes a cigarette, smokeless tobacco or cigarette tobacco.
Includes any written word, picture, logo, symbol, motto,
selling message, poster, placard, sign, photograph, device, graphic
display or visual image of any kind, recognizable color or pattern
of colors, or any other indicia of product identification identical
or similar to, or identifiable with, those used for any brand of tobacco
product, or any combination thereof, the purpose or effect of which
is to promote the use, sale or distribution of a tobacco product through
such means as, but not limited to, the identification of a brand of
tobacco product, a trademark of a tobacco product or a trade name
associated exclusively with a tobacco product.
B.Â
Word usage. Words used in the singular in this chapter shall include
the plural and vice versa. The word "shall" is always mandatory.
It shall be unlawful for any person to place, cause to be placed,
maintain or cause to be maintained a tobacco product advertisement
in the following manner:
A.Â
In any outdoor area within 1,000 feet, in any direction, of any child
day-care center, park or school.
B.Â
In the interior of a building or structure which is within 1,000
feet, in any direction, of any child day-care center, park or school
when such advertisement is within five feet of any exterior window
or any door which is used for entry or egress to the building or structure
by the public, except that such advertisement may be placed or maintained
in the interior of any such premises where it is parallel to said
windows or entryways and faces inward, or affixed to a wall panel
or similar fixture that is perpendicular to said windows or entryways.
A.Â
Nothing in this chapter shall prevent a tobacco product manufacturer,
distributor or retailer from placing, causing to be placed, maintaining
or causing to be maintained its corporate or other business name on
such a building or structure, in any location where such building
or structure or a portion thereof is owned, operated or leased by
them as their principal place of business; provided, however, that
said corporate or other business name is properly registered or filed
in the United States and/or they are duly authorized to do business
in any state, and said corporate or business name does not include
any tobacco product advertisement as defined in this chapter.
In addition to any other remedy provided by law, the Town may
bring an injunction proceeding to enforce this chapter.
A violation of any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine not to exceed $250
for each offense or by imprisonment for a period not exceeding six
months, or by both such fine and imprisonment.