[Adopted 5-18-2016 by Ord. No. 132]
The primary purpose of this division is to reduce the proximate exposure of the public, especially children, to the hazards and annoyance of secondhand tobacco smoke. Furthermore, this legislation is intended to reduce litter and possible contamination from discarded cigarette butts in public places and to reduce the likelihood that young persons will initiate tobacco use (by reducing the incidence of public smoking in places where young persons are likely to be present).
(a) 
Pursuant to the New York State Constitution, the Common Council of the City of Utica may adopt and amend laws pertaining to the protection, conduct, safety, health and well-being of the persons and property in the City. Similarly, the Charter of the City of Utica provides that the Common Council may enact and enforce any ordinance (not repugnant to the constitution or laws of the state) for any local purpose (except fluoridation of the water supply) pertaining to the preservation of order, peace and health, and the safety and welfare of the City and the inhabitants thereof.
(b) 
The Clean Indoor Air Act adopted by the New York State Legislature (Public Health Law, Article 13-E, § 1399-n et seq.) addresses indoor smoking only and, in any case, specifically provides that "nothing herein shall be construed to restrict the right of any county, city, town, or village to adopt and enforce additional local law, ordinances or regulations which comply with at least the minimum applicable standards set forth in this article."
(a) 
For the purposes of this division, the following terms shall have the following definitions:
CHILD-CARE CENTER
A facility where care and supervision are provided for children in exchange for consideration. For the purposes of this division, a "child-care center" refers only to such a facility that is licensed by New York State or Oneida County to operate as such.
CHILDREN
Persons under the age of 18 years.
CITY-OWNED BUILDING
Any structure owned by the City of Utica, except for any such structure that is subject to a written lease to another party, provided that such lease was entered into prior to the effective date of this division and provided that such lease does not give the City the authority to regulate outdoor smoking on the leased premises.
ENTRANCE
The means by which persons may enter a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this division, "entrance" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway.
EXIT
The means by which persons may leave a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this division, "exit" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway.
FACILITY
The structures and activity areas (which may be partially enclosed or unenclosed) associated with an operation (which operation may be governmental, recreational, educational, commercial or of another type).
MASS TRANSIT SHELTER
A structure that is enclosed on at least three sides and has a roof, intended for use by persons waiting for a bus or other mass transit vehicle.
OUTDOOR RECREATION AREA
An area that is not fully enclosed and that is designated for recreational purposes or activities.
PAVILION
A structure that is at least partially unenclosed (for example, with open sides) and that is intended for public use.
PERMIT
Written permission for an activity proposed to be conducted on property of the City of Utica (including any conditions placed upon such permission), issued and signed by the appropriate regulatory authority of the City.
PLAYGROUND
An outdoor recreation area that is designed and intended for use by children. For the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games (such as baseball, football or soccer). 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.
SCHOOL
The facility where an educational institution licensed by New York State and serving students in any grade from kindergarten through 12th grade is located.
SMOKE
The emission produced by the burning of a lighted cigar, cigarette, pipe, electronic cigarette, vapor or any other matter or substance which contains tobacco, nicotine, or cannabis as defined in Section 222.00 of the Penal Law or cannabinoid hemp as defined in Section 3 of the Cannabis Law.
[Amended 10-6-2021 by Ord. No. 69]
SMOKING
The burning of a lighted cigar, cigarette, pipe, electronic cigarette, vapor, or any other matter of substance which contains tobacco, nicotine, or cannabis as defined in Section 222.00 of the Penal Law or cannabinoid hemp as defined in Section 3 of the Cannabis Law.
[Amended 10-6-2021 by Ord. No. 69]
(b) 
Parks and open spaces:
(1) 
City parks.
F.T. Proctor Park
T.R. Proctor Park
Roscoe Conkling Park
(2) 
District parks.
Addison Miller Park (York Street and Old Burrstone Road)
Swimming pool
Jungle gym
Swings
Basketball courts
Baseball fields
Chancellor Park (Bleecker Street at First Street)
Tennis courts
Bocce courts
Jungle gym
Swings
Seymour Park (Euclid Road and School Road)
Baseball fields
Jungle gym
Swimming pool
Basketball courts
Swings
Football/soccer field
Wankel Playground (Rugby Road and Gilmore Place)
Jungle gym
Baseball fields
Spray pool
Swings
(3) 
Neighborhood parks.
Hirt Playground (Corner of Sunset Avenue and Warren Street)
Swings
Basketball court
Lincoln Playground (Lincoln Avenue and Watson Place)
Skatepark
Basketball court
Baseball field
Jungle gym
Swings
North Utica Park (Fairwood Drive)
Baseball fields
O'Connor Park (Mohawk Street and Arthur Street)
Jungle gym
Swings
Football/soccer field
Spray pool
Pixley Playground (Noyes Street and Mathews Avenue)
Basketball courts
Swings
Spray pool
Jungle gym
Football/soccer field
Quinn Playground (St. Vincent Street and Rutger Street)
Basketball courts
Swings
Spray pool
Jungle gym
Baseball field
Watson Williams
Basketball courts
Swings
Jungle gym
(4) 
Passive parks.
Hanna Park (Court Street and Broadway)
Stage
Green space
Nurses Candlelight Park (Genesee Street at Oswego Street)
Landscaping and benches
(5) 
Public swimming pools.
Addison Miller (York Street and Sophia Street)
Buckley (Culver Avenue and Welshbush Road)
North Utica (Servis Place)
(a) 
Smoking shall not be permitted and no person shall smoke in the following outdoor areas, subject to the limited exception for streets open to regular traffic as set forth in Sec. 2-18-48.5, below:
(1) 
At or near playgrounds, child-care centers and schools, as follows:
a. 
At any playground that is open to use by the public or on any public property that is within 25 feet of such a playground.
b. 
On any public property that is within 25 feet of any entrance, exit, window or ventilation intake of any licensed child-care center or its facility.
c. 
On any public property that is within 25 feet of any entrance, exit, window or ventilation intake for a school, school building or school facility.
(2) 
At outdoor events on City-owned property, as follows:
a. 
Within the outdoor seating and viewing areas associated with unenclosed (or partially enclosed) sports areas or similar open-air recreational facilities.
b. 
During outdoor festivals, block parties and similar events on public property, for which a permit from the City is required, that will involve the concentration of persons in small or constrained spaces. For such an event, smoking is prohibited within the area covered by the City permit, except within a designated smoking area as described in Sec. 2-18-48.5 below.
c. 
If the sponsor of an outdoor event wishes to allow smoking at the event, the sponsor must propose and request (from the permit issuer) a designated smoking area associated with the event (which must be so marked, may not be in a permanently smoke-free area and would result in little or no direct exposure of nonsmokers to secondhand smoke); if no such exception is requested and granted, the event must be entirely smoke-free.
(3) 
Outside City-owned buildings, as follows: at all times, on any public property within 25 feet of any entrance or exit or window or ventilation intake for any building owned by the City of Utica.
(4) 
In City-owned parks, as follows: within certain City-owned parks or areas of certain City-owned parks, as follows:
a. 
All playing fields, when in active use for recreational purposes, and within 25 feet of the boundary of a playing field, when the field is in use for such purpose;
b. 
Inside any pavilion or within 25 feet of it;
c. 
Inside the skating rink structure or within 25 feet of it;
d. 
Within the fenced area around the swimming pool; and
e. 
The tennis courts, when in active use for recreational purposes.
(5) 
On City-owned trails and special, multipurpose walkways:
a. 
Erie Canalway Trail.
b. 
South Woods Trails.
(6) 
In City-owned natural areas, as follows: no smoking within the following designated (or otherwise specified) natural areas, both within and outside the boundaries of the City of Utica.
a. 
Utica Marsh Wildlife.
(7) 
At facilities leased or licensed to others, as follows:
a. 
Whenever the City is negotiating a new or renewed lease or license for use of City land or buildings, the City shall include in such lease or license a provision that will apply outdoor smoking rules comparable to those for other, comparable City property (as set forth herein).
b. 
As for existing leases, where this division would not apply automatically, the City shall ask such lessees to agree (voluntarily) to operate the outdoor areas of the leased premises in a manner that is consistent with City regulation of smoking in comparable outdoor areas.
(8) 
Mass transit shelter that is enclosed on at least three sides and has a roof, intended for use by persons waiting for a bus or other mass transit vehicle.
(a) 
Streets open to regular vehicular traffic are exempt from the prohibitions on outdoor smoking emanating from an adjacent area, except that such prohibition shall extend into the parking lane of such a street and to persons in or on a vehicle in an affected parking area on public property (such as near a school or playground).
(b) 
Valley View Golf Course and Club House, located near the corner of the Parkway and Valley View Road.
(a) 
Any person who violates any provision of this division by smoking in an area where outdoor smoking is hereby prohibited shall be guilty of an offense punishable by the following penalties:
(1) 
First offense: $75.
(2) 
Second offense: $150.
(3) 
Third or subsequent offense: $250.
This division shall take effect in May 2016, upon publication of notice as provided in the Utica City Charter and signs shall be placed at each entrance of a park and at each playground, pool, tennis court, and recreational field. Designated smoking areas will be designated for each park.