Town of Lansing, NY Chapter 60 Smoking

[HISTORY: Adopted by the Town Board of the Town of Lansing 12-16-2009 by L.L. No. 9-2009. Amendments noted where applicable.]

§ 60-1 Statutory authority; findings; intent.

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.

§ 60-2 Areas where smoking is prohibited.

A. Smoking (principally, but not exclusively, meaning the use, ignition, and/or consumption of tobacco and other combustible products intended to be inhaled through cigarettes, cigars, pipes and similar devices, and including "vaping" as defined under Public Health Law § 1399-n and prohibited under § 1399-r) is prohibited in any Town building, facility, or vehicle, and in each and all of the following areas:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) The Town Hall and the campus area upon which the same is situate, including all outside, parking, and lawn areas.

(2) The Town Community Center, and the area upon which the same is situate, including all outside, parking, and lawn areas.

(3) The Town Library Building (currently occupied by the Lansing Community Library), located upon the Town Hall Campus as leased to the said library, and the lands upon which the same is situate, including all outside, parking, and lawn areas.

(4) All Highway Department facilities, and all areas upon which the same are situate, including all outside, parking, and lawn areas.

B. Smoking within a private vehicle or other enclosure upon any such site shall be a violation of this chapter.

§ 60-3 Enforcement.

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.

§ 60-4 Penalties for offenses.

[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.

§ 60-5 State law to control.

This chapter shall in no way limit or alter any restriction upon smoking imposed by any law of the State of New York.

§ 60-6 Effective date.

This chapter shall become effective upon January 1, 2010, and shall be filed in the office of the Secretary of State.