[HISTORY: Adopted by Dutchess County 9-9-2002 by L.L. No. 5-2002. Amendments noted where
applicable.]
STATUTORY REFERENCES
Regulation of smoking in certain public areas — See
Public Health Law Art. 13-E, § 1399-n et seq.
CODE OF LOCAL LAWS REFERENCES
Alcoholic beverages — See Ch. 128.
A.
The Dutchess County Legislature hereby finds as follows:
(1)
Significant health risks have been determined to be attributable
to exposure to environmental tobacco smoke (ETS), including lung cancer,
heart disease, respiratory infection and decreased respiratory function.
(2)
According to the United States Environmental Protection Agency (EPA),
ETS, also known as "secondhand smoke," has been proven to be carcinogenic
and has been designated a Group A (known human) carcinogen responsible
for 3,000 lung cancer deaths each year in nonsmoking adults.
(3)
The EPA also concludes the ETS causes other significant health problems
in adults and children, including increasing the risks of respiratory
and middle ear disease and contributing to an estimated 150,000 to
300,000 cases of bronchitis and pneumonia in infants and young children
each year.
(4)
Exposure to ETS significantly worsens the condition of up to 1,000,000
asthmatic children and contributes to an estimated 26,000 new cases
of asthma each year.
(5)
Involuntary exposure to ETS presents a substantial and serious health
risk to the residents and workers of Dutchess County.
B.
Therefore, the Dutchess County Legislature declares that the intent
and purpose of this chapter is to preserve and improve the public
health by prohibiting smoking in public places and places of employment.
C.
Unless otherwise noted, Article 13-E of the New York State Public
Health Law applies.
As used in this chapter, the following terms shall have the
meanings indicated:
Any establishment, including outdoor seating areas, devoted
to the sale and service of alcoholic beverages for on-premises consumption,
where the service of food is merely incidental to the operation of
the business. Any bar or tavern that generates 40% or more of total
annual gross sales from the sale of food for on-premises consumption
shall be a restaurant.[1]
Any sole proprietorship, partnership, joint venture, corporation,
or other business entity, whether for profit or not-for-profit, including
retail establishments where goods or services are sold as well as
professional corporations, social agencies, and other entities where
legal, medical, dental, engineering, architectural, or other professional
services are delivered.
Any indoor or enclosed outdoor area in a restaurant where
people dine.
Any person who is employed by an employer for direct or indirect
monetary wages or profit, and any person who volunteers his or her
services for a nonprofit entity.
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity that employs the services of one
or more individual persons.
Any indoor area or portion thereof under the control of an
employer in which employees of the employer perform services, and
shall include, but not be limited to, offices, school grounds, retail
stores, banquet facilities, theaters, food stores, banks, financial
institutions, factories, warehouses, employee cafeterias, lounges,
auditoriums, gymnasiums, rest rooms, elevators, hallways, museums,
libraries, bowling establishments, employee medical facilities, rooms
or areas containing photocopying equipment or other office equipment
used in common, and company vehicles.[2]
Any weddings, parties, testimonial dinners, or other similar
gatherings in which the seating and/or eating arrangements are under
the control of the organizer or sponsor of the event and not the person
who owns, manages, operates or otherwise controls the use of the place
in which the function is held.
Any indoor or enclosed outdoor area to which the public is
invited or in which the public is permitted, including, but not limited
to, banks, educational facilities, health facilities, laundromats,
public transportation vehicles and facilities, reception areas, restaurants,
retail food production and marketing establishments, retail service
establishments, retail stores, theaters, lobbies, elevators, stairwells,
waiting rooms, spectator facilities, and places of worship. Areas
in a private residence which constitute common areas of a multiple
dwelling are "public places" within the meaning of this regulation,
as well as areas in a private residence where a child-care center,
health care facility or other business open to the public is operated.
Any indoor or enclosed outdoor area of a coffee shop, cafeteria,
sandwich shop or private or public school cafeteria, and any other
eating establishment which gives or offers for sale food to the public,
guests or employees, as well as kitchens in which food is prepared
on the premises for serving elsewhere, including catering facilities.
Shall be defined as set forth in Article 13-E of the Public
Health Law of the State of New York.[3]
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
To inhale or exhale the smoke of burning tobacco or tobacco
substitute and also to carry burning tobacco or tobacco substitute
in the form of a cigarette, cigar, or any other smoke-producing product
or device, including pipes.
Any indoor or outdoor facility where members of the general
public assemble to view and/or participate in scheduled events involving
competitions, exhibitions, entertainment productions, trade shows,
conventions or other events established for common purposes.
Any indoor sports pavilion, including, but not limited to,
concourses, gymnasia, health spas, boxing arenas, swimming pools,
roller or ice skating rinks, and other similar places. This term also
applies to places where the general public assembles either to engage
in physical exercise, participate in athletic or recreational activity
or to witness sports, cultural, recreational or similar activities.
All enclosed facilities owned or leased by the County and any
political subdivision of the County shall, without exception, be smoke-free
and subject to the provisions of this chapter.
Smoking shall be prohibited in all indoor or enclosed outdoor
public places within Dutchess County, unless otherwise provided by
this regulation. This regulation shall include, but not be limited
to, restaurants, sports arenas, and spectator facilities.
Hotels and motels shall be required to designate a group of
contiguous bedrooms, at least 50% of all bedrooms, as smoke-free rooms
and shall be required to keep them consistently so. Lobbies, hallways,
meeting rooms, and other common areas shall be smoke-free.
A.
It shall be the responsibility of employers to provide a smoke-free
workplace for all employees, but employers are not required to incur
any expense to make structural or other physical modifications.
B.
Within 90 days of the effective date of this chapter, each employer
having any enclosed place of employment located within the County
shall adopt, implement, make known, and maintain a written smoking
policy which shall contain the following requirements: Smoking shall
be prohibited in all enclosed facilities within a place of employment
without exception. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways,
medical facilities, cafeterias, employee lounges, stairs, rest rooms,
vehicles, and all other enclosed facilities.
C.
The smoking policy shall be communicated to all employees at least
three weeks prior to its adoption. Employers shall prominently post
the smoking policy in the workplace, and supply a written copy upon
request to any existing or prospective employee.
D.
Any employee working in a smoking area in a bar/tavern must sign
an acknowledgement, which is provided by the employer upon hiring,
that he/she will be working in a smoking area and he/she is aware
of the negative health effects of secondhand tobacco smoke.
Notwithstanding any other provisions of this regulation to the
contrary, the following shall not be subject to the smoking restrictions
contained in this regulation:
Notwithstanding any other provision of this chapter, any owner,
operator, manager, or other person who controls any establishment
described in this chapter (hereafter "owner/manager") may declare
that entire establishment as a nonsmoking establishment.
A.
"No Smoking" signs or the international "No Smoking" symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) shall be clearly, sufficiently,
and conspicuously posted at each entrance to every building or other
facility where smoking is prohibited. The Dutchess County Health Department
shall provide such signs.
B.
The owner, operator, or manager of a hotel or motel must post a notice
at the reception area of the establishment as to the availability,
upon request, of smoking or nonsmoking rooms. The entry door and interior
of all smoking rooms must be properly posted.
A.
The owner, manager, or operator of any establishment regulated by
this chapter shall be responsible for configuring and constructing
said establishment within the confines of this chapter. The owner,
manager, or operator shall also be required to inform persons violating
this chapter of the appropriate provisions hereof verbally or by presentation
of written explanation of the law, and to prohibit staff from smoking
in nonsmoking areas.
B.
The owner/manager may, at his/her sole discretion, either ask a customer
violating any provision of this chapter to leave or ask any local
law enforcement officer to order that customer to leave, or do both.
C.
Nothing in Subsection B above implies that the owner/manager must ask a customer to leave or ask a local law enforcement officer to order the customer to leave. The owner's/manager's responsibility is merely to inform the customer that he/she is in violation of this chapter. If the owner/manager chooses, also at his/her sole discretion, to report the violation to the County Commissioner of Behavioral and Community Health, the Commissioner shall record the report as evidence that the owner/operator has complied with his/her responsibility under this chapter.
D.
Any citizen may register a complaint under this chapter to the Dutchess
County Department of Behavioral and Community Health.
E.
The Dutchess County Department of Behavioral and Community Health
shall be charged with enforcement of this chapter. The County Commissioner
of Behavioral and Community Health or his/her representative is authorized
to issue all notices, orders, and other processes that may be necessary
in the enforcement of this chapter.
F.
Upon written notice of a violation of any provision of this chapter,
the County Commissioner of Behavioral and Community Health shall cause
a hearing to be held in accordance with this code and shall rule whether
the person so charged is or is not guilty of a violation.
G.
The Board of Health may overturn the Commissioner's decision by a
2/3 majority of its full membership.
The Dutchess County Board of Health and the County Commissioner
of Behavioral and Community Health shall be responsible for public
education concerning this chapter.
A.
It shall be a violation for any person who owns, manages, operates,
or otherwise controls the use of any premises subject to regulation
under this chapter to fail to comply with any of its provisions.
B.
It shall be a violation for any person to smoke in any area where
smoking is prohibited by the provisions of this chapter.
C.
Any person who is convicted of violating any provision of this chapter
may be punishable by a fine not to exceed $1,000 per violation and/or
40 hours of community service.
A.
No person or employer shall discharge, refuse to hire, or in any
manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any right to a smoke-free
environment afforded by this chapter.
B.
This chapter shall not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable laws.
Nothing in this chapter shall be construed to create a cause
of action by one person against another person for violation of any
provision of this chapter.
This chapter shall take effect January 1, 2003.
