Definitions. As used in this chapter, the following terms shall have
the following meanings, as defined in this section unless the context
clearly requires otherwise:
CANNABIS
Has the meaning set forth in Section 3(5) of the New York
State Cannabis Law, as may be amended from time to time.
CANNABAINOID HEMP
Has the meaning set forth in Section 3(3) of the New York
State Cannabis Law, as may be amended from time to time.
CANNABIS EDIBLE PRODUCT
Has the meaning set forth in Section 492(c) of the New York
Tax Law, as may be amended from time to time. Cannabis edible product
includes any cannabis or concentrated cannabis whether or not it includes
other ingredients, which are intended for use or consumption through
ingestion, including sublingual or oral absorption, and shall include,
but not be limited to, gummies, brownies, cookies, hard candies, mints,
drinks, capsules, dissolvable tablets, etc.
ORAL TOBACCO PRODUCT
Any tobacco product intended to be placed in the mouth, chewed,
sniffed or inhaled, including but not limited to chew, snus, and snuff.
PERSON
Any individual, corporation, partnership or other association.
PUBLIC PROPERTY
Any place which is owned or controlled by the Village of
Westbury, open to the general public, including but not limited to
public parking lots, garages or other facilities, parks, plazas, or
playgrounds, public buildings, transportation facilities or any other
public facility or ground, whether vacant or improved, within boundaries
of the Village. For purposes of this chapter, public property shall
also include streets, sidewalks and public highways within 500 feet
of a church or other place of worship or school.
SMOKE
The gases, particles, or vapors released into the air as
a result of combustion, electrical ignition, or vaporization, when
the apparent or usual purpose of the combustion, electrical ignition,
or vaporization is human inhalation of the by-products, except when
the combusting or vaporizing material contains no tobacco or nicotine
or cannabis, and the purpose of inhalation is solely olfactory, such
as, for example, smoke from incense. The term "smoke" includes, but
is not limited to, tobacco smoke, vapors from an electronic device,
and cannabis smoke.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted, heated,
or ignited cigar, cigarette, cigarillo, pipe, hookah, bidis, electronic
device, or any other device that delivers nicotine, cannabis, cannabinoid
hemp, or other substances to a person via such a method.
TOBACCO PRODUCT
Includes the following:
(1)
Any product containing, made, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to, cigarettes, cigars, little
cigars, cigarellos, chewing tobacco, pipe tobacco, snuff; and
(2)
Any electronic device that delivers nicotine or other substances
to the person inhaling from the device, including, but not limited
to, an electronic cigarette, electronic cigar, electronic pipe, or
electronic hookah.
(3)
Notwithstanding any provision of Subsections
(1) and
(2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.