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:
BUILDING
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.
PERSON
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.
SMOKING
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 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.