[HISTORY: Adopted by the Town Board of the
Town of Brighton 7-25-2018 by L.L.
No. 7-2018. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the public
health, safety and welfare of the Town of Brighton by enacting a chapter
which creates smoking- and vaping-free zones in the Town of Brighton.
As used in this chapter, the following terms shall have the
meanings indicated:
An electronic device intended to be used in connection with
vapors, liquids or other vaporizing substances that delivers vapor
which is inhaled by an individual user, and shall include any refill,
cartridge and any other component of such a device, and shall include
electronic pipes
Using lighted tobacco and tobacco products, clove cigarettes
and similar substances, cannabis and cannabis products, including,
without limitation, cigarettes, cigars and pipes.
[Amended 2-9-2022 by L.L. No. 4-2022]
Using an electronic cigarette (also known as an "e-cigarette")
or similar device.
A.
The following areas owned by the Town or over which the Town holds
an easement are hereby designated as smoke- and vape-free zones: Town
buildings and structures and land adjacent to said buildings and structures;
and Town parks and recreation areas, including but not limited to
trails, sports areas and fields, parking lots, pool facilities, tennis
facilities and playgrounds.
B.
Smoking and vaping are strictly prohibited in any smoke- and vape-free
zone within the Town of Brighton other than areas expressly designated
by the Town Supervisor or the designee of the Town Supervisor as smoking
and vaping areas.
Any person, upon conviction for a violation of this chapter, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable by payment of a fine not to exceed $100. In addition to these penalties, the Town Supervisor or the designee of the Town Supervisor may revoke for a period of one year any and all Town-issued park permits, licenses, and/or passes held by an individual in violation of this chapter. Further, any individual in violation of this chapter may be removed from, and refused admission to, any area stated in § 156-3A.
