This chapter is enacted for the purpose of preserving and improving
the health, comfort and environment of Village residents by limiting
their exposure to environmental smoke.
As used in this chapter, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE
Any electronic oral device such as one composed of a heating
element, bather and/or electronic circuit which provide a vapor of
nicotine or any other substances for inhalation. This term shall include
every variation and type of such devices whether they are manufactured,
distributed, marketed or sold as an electronic cigarette, an electronic
cigar, an electronic cigarillo, an electronic pen, an electronic pipe
or an electric hookah or any other product name or descriptor.
ENVIRONMENTAL SMOKE OR SECONDHAND SMOKE
The complex mixture formed from the escaping gases, particles
or vapors released into the air as a result of combustion, electrical
ignition, vaporization or heating of a tobacco product or a marijuana
product when the apparent or usual purpose of the combustion, electrical
ignition, vaporization or heating is human inhalation of the byproducts,
smoke of a burning tobacco product, also known as "sidestream smoke"
and such gases, particles, vapors or smoke exhaled by the smoker.
MARIJUANA
Shall have the same meaning as in § 220.00 of the
New York State Penal Law and shall include marijuana used for medicinal
purposes.
PUBLIC BUILDING
Any building owned or operated in the Village of Kensington.
PUBLIC PLACES
All Village-owned parks, athletic fields, playgrounds, meeting
areas and pools.
SMOKING
The burning, heating, electrical ignition or vaporizing of
a lighted cigarette, cigar, pipe, electronic smoking device, or any
other matter or substance that contains tobacco, nicotine, marijuana,
or any other substance, or combination thereof, and the inhaling and
exhaling of environmental smoke created thereby.
TOBACCO
Cigarettes, cigars, cheroots, stogies and periques, and any
other forms of tobacco.
Every person convicted of a violation of this chapter shall
for a first conviction thereof be punished by a fine of not more than
$250; for a conviction of a second violation, both of which were committed
within a period of 24 months, such person shall be punished by a fine
of not more than $500; upon a conviction of a third or subsequent
violation, all of which were committed within a period of 24 months,
such person shall be punished by a fine of not more than $1,000. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.