[Adopted 8-15-2017 by L.L. No. 9-2017]
The Town Board finds that cigarettes, tobacco products, liquid
nicotine and electronic cigarettes contain nicotine and various carcinogens
and toxic chemicals which present a public health risk to residents
of the Town. It is the purpose of this article to prohibit the use
of such products in all Town parks and Town open space.
As used in this article, the following terms shall have the
meanings indicated:
An electronic device that, when activated, produces an aerosol
that may be inhaled. "Electronic aerosol delivery system" includes
any component, part, but not accessory, and any liquid or other substance
to be aerosolized, whether or not separately sold. "electronic aerosol
delivery system" does not include prescription drug devices or combination
products authorized for sale by the state or United States Food and
Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco
or plant product intended for inhalation, in any manner or in any
form.
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. "Tobacco products"
does not include drugs, devices, or combination products authorized
for sale by the state or United States Food and Drug Administration,
as those terms are defined in the Federal Food, Drug, and Cosmetic
Act.
Any land owned or subsequently acquired by the Town and designated
as open space.
Fred D. Abele Park, 6 Strawberry Lane; DiCaprio Park, 3420
East Lydius Street; Fort Hunter Park, 25 Anne Drive; Roger Keenholts
Park, 6355 French's Mill Road; McKownville Park, 1475 Western
Avenue; Nott Road Park and Dog Park, 6073 Nott Road; Carl J. Walters
Tawasentha Park and Winter Recreation Area, 188 Route 146; Volunteer
Firefighters Memorial Park, 1028 DiBella Drive; and other lands designated
as a park by the Town Board.
Smoking and the use of tobacco products and electronic aerosol
delivery systems shall be prohibited within all Town parks and Town
open space.
Signage shall be posted as designated by the Director of Parks
and Recreation in a conspicuous manner, advising persons about the
prohibition on the use of such products and applicable fines.
Any person who violates any provision of this article shall
be subject to the imposition of a civil penalty of $50 for the first
violation and a minimum of $200, but not to exceed $500 for each subsequent
violation. For purposes of enforcing the ban on the use of such products,
all law enforcement agencies having jurisdiction shall be empowered
to issue citations in relation to this article.
