[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.]
GENERAL REFERENCES
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.
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.
Any person, agent or designee empowered by rule, law, or
order to enforce local law.
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.
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.
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.
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.
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.
A.
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:
(1)
Massena Arena (Harte Haven Plaza).
(2)
Massena Community Center (61 Beach Street).
(3)
Department of Public Works (85 Robinson Road).
(4)
Fire Station (34 Andrews Street).
(5)
Massena Town Beach (Town Line Road).
(6)
Town Hall (60 Main Street).
(7)
Waste Water Treatment Plant (302 East Orvis Street).
(8)
Water Treatment Plant (357 Pontoon Bridge Road).
B.
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:
(1)
Footbridge Park (Liberty Avenue).
(2)
Elm Circle Park (Elm Circle).
(3)
Adjoining Fields located near Massena Arena (Harte Haven Plaza).
(4)
Veteran's Memorial Park (Andrews Street).
(5)
North Main Street Park (North Main Street).
(6)
Springs Park (West Hatfield Street).
(7)
Bushnell Field Park (Robinson Road).
(8)
Brighton Street Park (Brighton Street).
(9)
East Orvis Street Park (East Orvis Street).
(10)
Creative Wooden Playground (Danforth Street).
(11)
Alcoa Field Recreation Park (Woodlawn Avenue).
C.
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.
A.
No ash can, ashtray, or other smoking waste receptacle shall be placed
in any area in which smoking is prohibited by this chapter.
B.
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;
C.
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.
E.
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.
A.
The remedies provided by this chapter are cumulative and in addition
to any other remedies available at law or in equity.
B.
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.
C.
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this chapter shall also constitute a violation
of this chapter.
D.
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.
E.
Enforcement of this chapter shall be the responsibility of the Enforcement
Officer.
F.
Any violation of this chapter is hereby declared to be a nuisance.
G.
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.
H.
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.
I.
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.
