[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-1-2015 by L.L. No. 4-2015. Amendments noted where applicable.]
Peace and good order — See Ch. 204.
It is the intention of the Massena Village Board to ban outdoor tobacco use at any recreational areas and within a reasonable distance from any entrance or exit at property owned or leased by the Village of Massena in order to protect the public health, safety and general welfare by eliminating exposure to second-hand tobacco smoke and tobacco residue. Furthermore, the Massena Village Board acknowledges the need of nonsmokers, especially children, to breathe smoke-free air, recognizing the danger to public health which secondhand smoke causes. Additionally, the Massena Village Board recognizes that the need to breathe air free of the disease-causing toxins in secondhand smoke should have priority over the desire and convenience of tobacco use on property owned or leased by the Village of Massena.
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure or portion thereof, owned or leased by the Village of Massena, used for business-related or recreational purposes.
- ELECTRONIC NICOTINE DELIVERY SYSTEM
- A personal electronic device that aerosolizes liquid or gel containing nicotine, flavorings or other constituents and produces an emission which may be absorbed or exhaled by the user. "Electronic nicotine delivery system" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic nicotine delivery device" does not include any product specifically approved by the state or the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease when used as intended for its approved purpose.
- ENFORCEMENT OFFICER
- Any person, agent or designee empowered by rule, law, or order to enforce local law.
- ENTRANCES AND EXITS
- The passageways by which persons may enter a building, typically consisting of a door or doorway. For the purposes of this chapter, this includes the stoop, steps, or ramp leading from the sidewalk or pavement to such a door or doorway.
- Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity except the Village of Massena.
- PLAYING FIELD
- That portion of an outdoor Recreational Area that is set up and marked in some way for the playing of one or more specific games or sports (such as baseball, football, or soccer), and that is open to the general public. For the purposes of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game for which it is being used, together with any bleachers or other designated viewing area.
- REASONABLE DISTANCE
- A distance that ensures that people located within an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of 25 feet in any direction.
- RECREATIONAL AREA
- Any outdoor area that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes but is not limited to playing fields, playgrounds, parks, picnic areas, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks. The term "recreational area" is not intended to include streets and sidewalks unless they are located within a demarcated recreational area such as a park.
- The inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form; or the use of any electronic nicotine delivery system.
- TOBACCO PRODUCT
- Any manufactured product containing tobacco or nicotine, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable tobacco products, and electronic nicotine delivery system. However, "tobacco product" does not include any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
The use or disposal of any tobacco products or related waste are prohibited in, and within a reasonable distance of the windows, entrances and exits of Village-owned/leased buildings, including but not limited to, the following:
Massena Arena (Harte Haven Plaza).
Massena Community Center (61 Beach Street).
Department of Public Works (85 Robinson Road).
Fire Station (34 Andrews Street).
Massena Town Beach (Town Line Road).
Town Hall (60 Main Street).
Waste Water Treatment Plant (302 East Orvis Street).
Water Treatment Plant (357 Pontoon Bridge Road).
The use or disposal of any tobacco product or related waste are prohibited in and at Village-owned/leased recreational areas, including but not limited to, the following:
Footbridge Park (Liberty Avenue).
Elm Circle Park (Elm Circle).
Adjoining Fields located near Massena Arena (Harte Haven Plaza).
Veteran's Memorial Park (Andrews Street).
North Main Street Park (North Main Street).
Springs Park (West Hatfield Street).
Bushnell Field Park (Robinson Road).
Brighton Street Park (Brighton Street).
East Orvis Street Park (East Orvis Street).
Creative Wooden Playground (Danforth Street).
Alcoa Field Recreation Park (Woodlawn Avenue).
The Mayor or his/her designee shall engage in an ongoing educational program to explain and clarify the purposes and requirements of this chapter. However, lack of such education shall not be a defense to a violation of this chapter.
No ash can, ashtray, or other smoking waste receptacle shall be placed in any area in which smoking is prohibited by this chapter.
No person shall permit smoking or the use of tobacco products in an area under the person's control in which smoking or the use of tobacco products is prohibited by this chapter;
The Department of Public Works shall issue requirements about the content and placement of signage advising the public of the restriction of tobacco products usage and/or smoking in the designated areas.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer or other person because that employee, applicant, customer or person exercises any rights afforded by this chapter or reports or attempts to report a violation of this chapter.
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. For violations other than smoking or tobacco product use, each day of a continuing violation of this chapter shall constitute a separate violation.
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
Each violation of this chapter constitutes an infraction. The first violation within a calendar year will be subject to a fine of $50. Subsequent violations within a calendar year will each be subject to a $100 fine.
Enforcement of this chapter shall be the responsibility of the Enforcement Officer.
Any violation of this chapter is hereby declared to be a nuisance.
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the Village Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, code enforcement proceedings, and suits for injunctive relief.
Nothing in this chapter shall create a right of action in any person against the Village of Massena or its agents to compel public enforcement of this chapter against private parties.
Any person may bring a civil action to enjoin a violation of this chapter by a business or to enjoin repeat violations of this chapter by an individual.
The provisions of this chapter are declared to be severable, and if any section of this chapter is held to be invalid, such invalidity shall not affect the other provisions of this chapter that can be given effect without the invalidated provision.
The effective date of this local law shall be effective immediately upon filing with the Secretary of State.