This chapter is adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York, including, but not limited
to, §§ 10 and 23 thereof. The Town of Lansing declares
that smoking in and upon certain Town-owned property is deleterious
to such property and harmful to the health of persons using and enjoying
such Town-owned lands. The Town Board further finds and determines
that human health is seriously threatened by exposure to environmental
tobacco smoke (ETS) and that recent findings by the federal Environmental
Protection Agency (EPA) make clear that ETS, or secondhand smoke,
is a human carcinogen responsible for lung cancer deaths in nonsmoking
adults. Further, the EPA has concluded that exposure to ETS increases
the risks of respiratory and middle ear diseases in children, contributing
to cases of bronchitis and pneumonia in infants and young children.
Further, exposure to ETS significantly worsens the condition of asthmatic
children and contributes to new cases of asthma in once-healthy children.
Accordingly, and based upon the authority of the Town of Lansing to
regulate the use of its property and the authority of the Town to
enact laws in furtherance thereof, including, but not limited to,
Town Law §§ 64 and 130, Public Health Law § 1399-r,
and the Municipal Home Rule Law § 10, the Town of Lansing
adopts this chapter in furtherance of the health, welfare, and safety
of the Town and its residents.
This chapter may be enforced by any New York State police or
peace officer, or by any person designated by the Town Board of the
Town of Lansing as an Enforcement Officer relative to this chapter.
The Town Code Enforcement Officer(s) and any Town constables or police
shall be and be deemed Enforcement Officers under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this chapter,
and any misdemeanor shall be deemed an unclassified misdemeanor. For
purposes of this chapter, the Town's justice court is hereby
vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and
administrative codes of the State of New York, as well as to hear
and adjudicate allegations relating to the criminal or civil violation
of this chapter and thereafter, if appropriate, impose any fine, penalty,
or sanction.
B. Any person or entity that violates any of the provisions of this
chapter shall be guilty of a criminal violation and subject to a fine
of not more than $250 or subject to a civil penalty of not more than
$500 be recovered by the Town in a civil action. Each week that any
noncompliance or violation continues is and may be charged as a separate
violation.
C. The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief.
(1) Whenever
the Town shall believe from evidence satisfactory to it that there
is a violation of this chapter, the Town may bring an action to enjoin
and restrain the continuation of such violation and in any such action:
(a) Preliminary
relief may be granted under Article 63 of the Civil Practice Law and
Rules; and
(b) The
Town shall not be required to post any bond or undertaking; and
(c) The
Town need not prove that:
[1] There is or will likely be irreparable harm; or
[2] That the Town has no adequate remedy at law.
(2) In such
action, the court may also award any damages or other relief requested,
including declaring the rights and interests of any parties and imposing
any civil penalties. The remedies provided by this chapter shall not
be in lieu of, and shall be in addition to, any other right or remedy
available to the Town, whether sounding in enforcement or otherwise.
This chapter shall in no way limit or alter any restriction
upon smoking imposed by any law of the State of New York.
This chapter shall become effective upon January 1, 2010, and
shall be filed in the office of the Secretary of State.