[HISTORY: Adopted by the Board of Trustees of the Village of Kensington 4-24-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
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.
A. 
Smoking is prohibited in public buildings and public places, as defined in this chapter.
B. 
Smoking is prohibited within a twenty-five-foot radius of all entrances to all Village-owned buildings and facilities located within the Village and which are designated to be accessible by the public.
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.