This chapter shall be known and cited as "Smoking Policy of
the City of Auburn."
This chapter is adopted pursuant to the authority of the New
York State Clean Air Act, Public Health Law Chapter 244, approved
July 5, 1985.
As used in this chapter, unless the context or subject matter
requires otherwise, the following terms shall have the meanings indicated:
The burning of, inhaling of, exhaling of, or carrying of
a lighted cigar, cigarette, pipe, weed or plant, electronic cigarette
or "e-cigarette," or any other device intended for inhalation, which
emits tobacco, smoke, tar, vape or vapor or any other chemical substance
into the air.
The purpose of this chapter is to reduce the harmful effects
of involuntary secondary smoke on nonsmokers. The right of nonsmokers
to breathe clean air shall be protected.
A.
It shall be the policy of the City of Auburn to be in compliance
with the Clean Air Act enacted into law by the New York State Legislature,
and to establish restrictions prohibiting smoking on property owned,
operated or maintained by the City of Auburn.
B.
The provisions of this chapter shall be deemed to supplement federal,
state, and local laws and ordinances, codes and regulations. Nothing
in this chapter shall be deemed to abolish, impair, supersede or replace
existing remedies of the City, county, or state, or existing requirements
of any other provision of local laws or ordinances of the City or
county or state laws, and regulations. In case of any conflict between
any provisions of this chapter and any applicable state or local law,
ordinance, code or regulation, the more restrictive provision shall
control.