[HISTORY: Adopted by the Common Council of the City of Cortland as indicated in article histories. Amendments noted where applicable.]
Article I Use on Public Property
[Adopted 12-20-2016 by L.L. No. 8-2016]
This article shall be entitled "Tobacco Use on City Property."
The primary purpose of this article is to reduce the proximate exposure of the public, especially children, to the hazards and annoyance of secondhand tobacco smoke. Furthermore, this legislation is intended to reduce litter and possible contamination from discarded cigarette butts in public places and to reduce the likelihood that young persons will initiate tobacco use (by reducing the incidence of public smoking in places where young persons are likely to be present).
Pursuant to the New York State Constitution, the Common Council of the City of Cortland may adopt and amend laws pertaining to the protection, conduct, safety, health and well-being of the persons and property in the City. Similarly, the Charter of the City of Cortland provides that the Common Council may enact and enforce any ordinance (not repugnant to the constitution or laws of the state) for any local purpose (except fluoridation of the water supply) pertaining to the preservation of order, peace and health, and the safety and welfare of the City and the inhabitants thereof.
The Clean Indoor Air Act adopted by the New York State Legislature (Public Health Law Article 13-E, § 1399-n et seq.) addresses indoor smoking only and, in any case, specifically provides that "nothing herein shall be construed to restrict the right of any county, city, town, or village to adopt and enforce additional local law, ordinances or regulations which comply with at least the minimum applicable standards set forth in this article."
As used in this article, the following terms shall have the meanings indicated:
- CHILD-CARE CENTER
- A facility where care and supervision are provided for children in exchange for consideration. For the purposes of this article, a "child-care center" refers to only to such a facility that is licensed by New York State or Cortland County to operate as such.
- Persons under the age of 18 years.
- CITY-OWNED PROPERTY
- Any structure, including parking lots, parks, the waterworks, and Courthouse Park, owned or maintained by the City of Cortland, except for any such structure that is subject to a written lease to another party, provided such lease was entered into prior to the effective date of this article, and provided such lease does not give the City the authority to regulate outdoor smoking on the leased premises, and City-owned vehicles.
- The means by which persons may enter a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this article, "entrance" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway.
- The means by which persons may leave a building, typically consisting of a door or doorway, which may be associated with a stoop or steps and/or a ramp. For the purposes of this article, "exit" includes the stoop, steps or ramp leading from the sidewalk or pavement to such a door or doorway.
- The structures and activity areas (which may be partially enclosed or unenclosed) associated with an operation (which operation may be governmental, recreational, educational, commercial or of another type).
- MASS TRANSIT SHELTER
- A structure that is enclosed on at least three sides and has a roof, intended for use by persons waiting for a bus or other mass transit vehicle.
- MOBILE VENDING
- An activity consisting of the offering of goods and/or services for sale from a nonpermanent base of operations, including, but not necessarily limited to, a cart, kiosk, table or vehicle.
- OUTDOOR DINING
- An activity consisting of the provision of facilities that are available to members of the public (with or without payment) for eating and/or drinking in an area that is not fully enclosed by a permanent structure (walls, roof, etc.).
- OUTDOOR RECREATION AREA
- An area that is not fully enclosed and that is designated for recreational purposes or activities.
- A structure that is at least partially unenclosed (for example, with open sides) and that is intended for public use.
- Written permission for an activity proposed to be conducted on property of the City of Cortland (including any conditions placed upon such permission), issued and signed by the appropriate regulatory authority of the City.
- An outdoor recreation area that is designed and intended for use by children. For the purposes of this article, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
- PLAYING FIELD
- That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games (such as baseball, football or soccer). For the purposes of this article, a playing field that is fenced or the outside perimeter or which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game for which it is being used, together with any bleachers or other designated viewing area.
- The facility where an educational institution licensed by New York State and serving students in any grade from kindergarten through 12th grade is located.
- The emission produced by the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
- The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
- TOBACCO PRODUCTS
- Cigarettes, cigars, pipes, smokeless tobacco products, electric nicotine delivery products, and any other product or material that produces smoke.
Smoking shall not be permitted and no person shall smoke or use tobacco products in the following outdoor areas, subject to the limited exception for streets open to regular traffic outdoor areas:
At or near playgrounds, child-care centers and schools, as follows:
At any playground that is open to use by the public or on any public property that is within 25 feet of such a playground.
On any public property that is within 25 feet of any entrance, exit, window or ventilation intake of any licensed child-care center or its facility.
On any public property that is within 25 feet of any entrance, exit, window or ventilation intake for a school, school building or school facility.
The owner of any such playground, child-care center or school shall be required to post and maintain signage acceptable to the City advising the public of the above restrictions.
In other areas or at events where persons cannot readily escape nearby secondhand smoke, as follows:
Within any outdoor dining area (whether covered or not) located on City-owned property, as follows:
Within any seating area for outdoor dining and/or drinking associated with a bar or restaurant that is on City property and subject to a City license and that is in use for that purpose; and
Within any seating area for outdoor dining and/or drinking, established or maintained by the City or its agent, that is in use for that purpose.
On any public property that is within two feet of the area occupied by a mobile vending cart or other mobile vendor operating on City-owned (or City-leased) property.
At outdoor events on City-owned property, as follows:
Within the outdoor seating and viewing areas for open-air concerts, dances, parades, other performances, lectures, motion-picture or video presentations or similar open-air presentations for which a permit from the City is required and when in use for that purpose.
Within the outdoor seating and viewing areas associated with unenclosed (or partially enclosed) sports areas or similar open-air recreational facilities.
During outdoor festivals, block parties and similar events on public property, for which a permit from the City is required, that will involve the concentration of persons in small or constrained spaces. For such an event, smoking is prohibited within the area covered by the City permit.
If the sponsor of an outdoor event wishes to allow smoking at the event, the sponsor must propose and request (from the permit issuer) a designated smoking area associated with the event (which must be so marked, may not be in a permanently smoke-free area and would result in little or no direct exposure of nonsmokers to secondhand smoke); if no such exception is requested and granted, the event must be entirely smoke-free. For an event occupying a portion of the City of Cortland, the designated smoking area shall be that part of the City of Cortland where outdoor smoking is not otherwise prohibited.
Any licensee or permit holder for an outdoor dining area, vending or outdoor event on City-owned property shall be required to inform members of the public of applicable restrictions on outdoor smoking (for example, through signs posted on a mobile vending cart, at the perimeter of an outdoor dining area or outdoor event and/or in the publicity for an event).
In certain other areas, as follows:
Outside City-owned property, as follows: at all times, on any City-owned property within 25 feet of any entrance or exit or window or ventilation intake for any building owned by the City of Cortland.
At facilities leased or licensed to others, as follows:
Whenever the City is negotiating a new or renewed lease or license for use of City land or buildings, the City shall include in such lease or license a provision that will apply outdoor smoking rules comparable to those for other, comparable City property (as set forth herein).
As for existing leases, where this article would not apply automatically, the City shall ask such lessees to agree (voluntarily) to operate the outdoor areas of the leased premises in a manner that is consistent with City regulation of smoking in comparable outdoor areas.
Exception for streets open to regular traffic. Streets open to regular vehicular traffic are exempt from the prohibitions on outdoor smoking emanating from an adjacent area, except that such prohibition shall extend into the parking lane of such a street and to persons in or on a vehicle in an affected parking area on public property (such as near a school or playground).
Any person, firm or corporation violating any of the provisions of this article shall be guilty of an offense, punishable by a fine of $100 for the first violation; by a fine of $175 for a second violation occurring within a twenty-four-month period from the date of the first violation; and by a fine of $250 for a third or subsequent violation occurring within a twenty-four-month period from the date of the first violation; and each day on which such violation continues shall constitute a separate violation.