[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 8-2-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
The Board of Trustees hereby finds and determines that the use of tobacco and tobacco-related products should be prohibited in Village parks, piers, beaches, ballfields, docks and Village Hall in order to:
Unless otherwise expressly stated, the following terms shall, for purposes of this chapter, have the meanings assigned to them in this section. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular. Any term used in, but not defined in, this chapter shall have the meaning assigned to it in New York State Public Health Law Article 13-F.
- ENFORCEMENT OFFICER
- Any police officer, any Nassau County Department of Health Inspector, and any Building Official from the Port Washington North Building Department, Code Enforcement Officer, County Health Inspector or other employees of the Village of Port Washington North authorized by the Board of Trustees to enforce this chapter.
- Any product made primarily of tobacco or other leaf or herbs, or any combination thereof, smoked or intended to be smoked in a hookah or water pipe.
- SMOKING PARAPHERNALIA
- Any pipe, water pipe, hookah, rolling papers, vaporizer or any other device, equipment or apparatus designed for the inhalation of tobacco.
- TOBACCO PRODUCT
- Any product made or derived from tobacco or which contains nicotine marketed or sold for human consumption, whether consumption occurs through inhalation or oral or dermal absorption, including cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, and other tobacco products, including nicotine water. "Tobacco product" does not include drugs, devices or combination products, as those terms are defined in the Federal Food, Drug, and Cosmetic Act, authorized by the State of New York or the United States Food and Drug Administration for sale.
- The Village of Port Washington North.
Editor's Note: See 21 U.S.C. § 301 et seq.
No person shall smoke a tobacco product, herbal product, cigarette, electronic cigarette, pipe, cigar, vapor, e-liquids or other tobacco derivatives in a Village of Port Washington North park, pier, beach, ballfield, or dock or at Village Hall. This prohibition applies only to public property and is not intended to include private property to which the general public does not generally have access to.
A "No Smoking" sign or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted where smoking is prohibited by this chapter.
Any enforcement officer is authorized to enforce and ensure compliance with this chapter.
Each and every violation of, or failure to comply with, any provision of this chapter shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not to exceed $250; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $250, nor more than $500; for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $500, nor more than $1,000; and for a fourth offense, all of which were committed within a period of five years, by a fine not less than $1,000, nor more than $2,500 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, then such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its specific application.
This chapter shall take effect immediately.
[Added 9-6-2017 by L.L. No. 3-2017]
No person shall:
Bring, possess and/or consume beverages having any alcoholic content, nor shall any person drink alcoholic beverages at any time in the parks or on the beaches.
Be under the influence of drugs or alcohol.
Bring or have in his possession, or set off or otherwise cause to explode or discharge or burn, firecrackers, fireworks, or explosives of flammable material, or discharge them or throw them into a park from any land or highway adjacent thereto.
Build a bonfire, fire or barbeque at any Village park, pier, beach, ballfield or dock. No person shall bring a barbeque grill or similar device into a park, pier, beach, ballfield or dock.
Behave in a loud, boisterous, threatening, abusive or threatening manner, or engage in disorderly conduct or behaviour tending to breach the public peace and good order.
Erect any structure, stand or platform, tent or apparatus, or hold any meetings, perform any ceremony, exhibit any performance, or form any parade or concession in any park without first obtaining a permit from the Village Board of Trustees.
Use a skateboard, scooter or other similar device motorized or not for any reason except in designated areas.
No person shall allow their dog and/or animal to be in the park, pier, beach, ballfield and dock without being restrained by a leash.
No person shall leave garbage and/or debris except in designated garbage cans in the parks, piers, beaches, ballfields or docks including but not limited to bags, metals, wood, paper, construction debris, shopping carts and all other items of litter.
All Village parks, piers, beaches, ballfields and docks and their facilities shall be closed to the public from 11:00 p.m. to 6:00 a.m. except as specifically posted, and all activities will be restricted to those areas specifically designated; provided, however, that group activities may be permitted if a permit has been obtained from the Village Board of Trustees. In all cases, the Village Board of Trustees shall have the authority to adjust the opening and closing hours of all parks, piers, beaches, ballfields and docks as particular conditions may require. All motor vehicles must be removed from parking lots upon the close of the park, pier, beach, ballfield and dock except for official vehicles.
Any police officer and any building official from the Port Washington North Building Department, code enforcement officer, or other employee of the Village of Port Washington North authorized by the Board of Trustees is authorized to enforce and ensure compliance with this chapter.