[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.
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.
Any pipe, water pipe, hookah, rolling papers, vaporizer or
any other device, equipment or apparatus designed for the inhalation
of tobacco.
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,[1] authorized by the State of New York or the United States
Food and Drug Administration for sale.
The Village of Port Washington North.
[1]
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:
A.
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.
B.
Be under the influence of drugs or alcohol.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Use a skateboard, scooter or other similar device motorized or not
for any reason except in designated areas.
H.
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.
I.
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.
A.
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.
Each and every violation of, or failure to comply with any provision
of this article 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 lot 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 and any additional
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, section or part of this
article 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 clauses, sentence, paragraph,
subdivision, section or part of this article, or in its specific application.
This article shall take effect immediately.
