[HISTORY: Adopted by the Town Board of the Town of Victor.
Amendments noted where applicable.]
As used in this Chapter, the following terms shall have the
meanings as indicated below:
Any product containing marijuana, THC or CBD in any form
including but not limited to as the term is defined by Chapter 7-A
of the New York State Consolidated Laws or the New York State Cannabis
Law.
Persons under the age of 18 years.
Any electronic device composed of a mouthpiece, heating element,
battery and/or other electronic circuit that provides a vapor of liquid
nicotine, cannabis product and/or other substance that is sometimes
mixed with propylene glycol by the user as they simulate smoking.
This term shall include all such devices whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, vapes or under any other product
name.
Any outdoor recreation area, playground, playing field, pavilion
or open-space that has been designated for recreational purposes or
activities. All parking areas and lots within such parks shall be
included for purposes of this chapter.
A structure that is at least partially unenclosed and that
is intended for public use.
An outdoor recreation area that is designed and intended
for use by children and, for the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
and/ or sports and for the purposes of this chapter, a playing field
that is fenced or the outside perimeter of which is otherwise physically
demarcated shall be deemed to include all of the area inside such
fence or demarcation, together with any bleachers or other designated
viewing area; a playing field that is not fenced or otherwise demarcated
(as to its outside perimeter) shall be deemed to include all of the
area customarily required for playing the game or sport for which
it is being used, together with any bleacher sand other designated
viewing area.
The emission produced by the burning of: (i) a tobacco product
or tobacco-related product; (ii) cannabis product or cannabis-related
product; or (iii) the heating of an e-cigarette which creates a vapor.
The burning of a tobacco or cannabis product or related product
or the heating or ignition of an e-cigarette which creates a vapor.
Any manufactured product containing tobacco or nicotine,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powered and/
or dissolvable tobacco projects, liquid nicotine and electronic cigarette
cartridges, whether packaged or not; any packaging that indicates
it might contain any substance containing tobacco or nicotine; or
any object utilized for the purpose of smoking or inhaling tobacco
or nicotine products.
A.Â
Smoking
and/or use of any cannabis or cannabis-related product, tobacco or
tobacco-related product or any e-cigarette shall not be permitted,
and no person shall smoke and/or use any cannabis or cannabis-related
product, tobacco, or tobacco-related product, vape or ignite an e-cigarette
in the following outdoor areas: All Town of Victor Parks, including
Dryer Road Park, Mary Frances Bluebird Haven, Lehigh Crossing Park,
Paparone Park, Fishers Park, Village on the Park, Harlan Fisher Park
(Village), Victor Municipal Park (Village), Auburn Trail, and Lehigh
Valley Trail. This shall include all sections of the aforementioned
parks, including, but not limited to, any pavilion, playground, and/or
playing field.
B.Â
Any licensee
or permit holder for an outdoor recreation area, park, pavilion, playground
and/or playing field shall be required to inform members of the public
of applicable restrictions on smoking or use of the products listed
in the preceding subsection.
Any person found to be in violation of any provision of this
chapter shall be guilty, upon conviction, of an offense punishable
by a civil penalty of not more than $25 or an amount of community
service not exceeding 20 hours. Each event on any single day or each
day on which a violation occurs shall be considered a separate and
distinct violation.
The chapter prohibiting smoking on certain Town properties is
a Type II action under the State Environmental Quality Review Act.
The provisions of this chapter are declared severable, and if
any section or subsection of this chapter is held to be invalid, such
invalidity shall not affect the other provisions of this chapter that
can be given effect without the invalidated provision.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
Section 27 of the Municipal Home Rule Law.
