[HISTORY: Adopted by the Town Board of the Town of New Windsor 7-1-2020 by L.L. No. 3-2020. Amendments noted where applicable.]
This chapter shall be referred to as "A Local Law prohibiting smoking on Town-owned property, entitled 'No Smoking on Town Property."'
This chapter is enacted pursuant to Section 10 of the Municipal Home Rule Law.
The Town Board of the Town of New Windsor finds there is an increasing public awareness and acceptance of the dangers that smoking tobacco products, e-cigarettes and other vaping products have on the health and well-being of the general public.
The Town Board of the Town of New Windsor further finds it is in the Town's best interest to do all it can to protect the Town's property from the danger of fire posed by discarded tobacco and vaping products, as well as the prevalence of unsightly litter caused by same.
In light of the above findings, the Town Board of the Town of New Windsor has adopted this chapter of the Town Code of the Town of New Windsor, the primary purpose of which is to ban all smoking and vaping on Town-owned property, except in specific designated areas.
The Town Board of the Town of New Windsor further recognizes that the Clean Indoor Air Act, adopted by the New York State Legislature as Public Health Law, Article 13-E, § 1399-n et seq., already effectively prohibits smoking and vaping in almost all public and private indoor workplaces, as well as numerous specified outdoor areas. The Clean Indoor Air Act, however, allows localities to adopt and enforce local laws regulating smoking and vaping, as long as any such local law is at least as strict as the state law. Accordingly, this legislation is enacted to enhance the prohibitions of the Clean Indoor Air Act as it pertains to property in the Town of New Windsor.
Other than in specifically designated outside areas, smoking (principally, but not exclusively, meaning the use, ignition, and/or consumption of tobacco products, e-cigarettes and other vaping products) is prohibited in or upon any Town-owned property, building, or facility, including but not limited to:
Town Hall, 555 Union Ave., New Windsor, NY.
Kristi Babcock Memorial Park, 660 Mt. Airy Rd., New Windsor, NY.
Ruscitti Park, 244 Union Ave., New Windsor, NY.
San Giacomo Park, 402 Union Ave., New Windsor, NY.
Plum Point Park, Rte. 81 Plum Point Lane, New Windsor, NY.
Beaver Dam Park, 343 Chestnut Ave., New Windsor, NY.
Bull Road Park, 371 Bull Road, New Windsor, NY.
Butterhill Park, Creamery Dr., New Windsor, NY.
Little Falls Park, 44 Bradford Ave., New Windsor, NY.
Building and Grounds, 887 Brooks St., New Windsor, NY.
Highway Department, 196 Perimeter Road, New Windsor, NY.
NW Wastewater Treatment Plant, 145 Caesars Lane, New Windsor, NY.
NW Water Treatment Plant, 233 Riley Road, New Windsor, NY.
NW Water Treatment Plant, 179 Forge Hill Road, New Windsor, NY.
NW Water Treatment Plant, 50 Crotty Lane, New Windsor, NY.
NW Woodlawn Cemetery, 93 Union Avenue, New Windsor, NY.
Pre-School Learning, 921 Raz Ave., New Windsor, NY.
This chapter may be enforced by any law enforcement officer or agent, including but not limited to the Town of New Windsor Police, New York State Police, Orange County Sheriff, any other local police or peace officer, any Town of New Windsor Code Enforcement Officer, or any other person so designated by the Town Board of the Town of New Windsor.
Any person cited for violating this chapter shall be subject to criminal prosecution and if found guilty of such violation, be sentenced to a term of imprisonment up to 15 days and/or fined up to $2,000 for each violation.
This chapter shall in no way limit or alter any restriction upon smoking imposed by any other law of the State of New York.
If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or any application thereof to any person or circumstance, is declared void, unconstitutional or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
Where this chapter differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state or federal government, the more restrictive or protective of the Town and the public shall apply.