[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-18-2021 by L.L. No. 3-2021[1]]
[1]
Editor's Note: This local law was originally designated as
Ch. 260 but was renumbered to fit the alphabetic sequence of the Code.
A.
No persons shall be allowed to smoke tobacco or cannabis or tobacco-
or cannabis-like products on Village-owned real property or buildings,
as set forth in this article.
As used in this article, the following terms shall have the
meanings indicated:
Written permission for an activity proposed to be conducted
on property of the Village of Liverpool (including any conditions
placed upon such permission), issued and signed by the appropriate
authority designated by the Village of Liverpool Board of Trustees.
Persons under the age of 18 years in the case of tobacco
and persons under the age of 21 years in the case of cannabis.
The location by which persons may enter a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp; and for the purposes of this article, "entrance"
includes the stoop, steps or ramp leading from the sidewalk or pavement
to such door or doorway.
The location by which persons may leave a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp. For the purposes of this article, "exit" includes
the stoop, steps or ramp leading from the sidewalk or pavement to
such door or doorway.
The structures and activity areas (which may be partially
enclosed or unenclosed) associated with an operation (which operation
may be governmental, recreational, educational, commercial, or of
another type).
An activity consisting of the provision of facilities that
are available to members of the public (with or without payment) for
eating and/or drinking in an area that is not fully enclosed by a
permanent structure (walls, roof, etc.).
An area that is not fully enclosed and that is designated
for recreational purposes or activities.
An area to which the public is invited or in which the public
is permitted.
An outdoor recreation area that is designed and intended
for use by children. For the purpose of this article, 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
(such as, for example, baseball, football, soccer or skateboarding).
For the purposes of this article, 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 for which it is being used, together
with any bleachers or other designated viewing area.
Written permission for an activity proposed to be conducted
on property of the Village of Liverpool (including any conditions
placed upon such permission), issued and signed by the appropriate
authority designed by the Village of Liverpool Board of Trustees.
Any Village property not clearly defined by any other definition
in this article.
The emission produced by the burning of a lighted cigar,
cigarette, pipe, e-cigarette, vaping device, or any other matter or
substance which contains tobacco or cannabis or a tobacco- or cannabis-like
product.
The inhaling, exhaling, burning or carrying of any lighted
or heated cigar, cigarette, pipe, or any other lighted or heated tobacco
or cannabis product intended for inhalation, in any manner or in any
form. "Smoking" also includes the use of an e-cigarette or any other
vaping device, which creates a vapor, in any manner or in any form,
or the use of any oral smoking devise for the purpose of circumventing
the prohibition of smoking in this article.
Any structure owned by the Village of Liverpool, except for
any such structure that is subject to a written lease to another party,
provided such lease does not give the Village the authority to regulate
outdoor smoking on the leased premises.
Any property owned by the Village of Liverpool, except for
any such property that is subject to a written lease to another party,
provided such lease does not give the Village the authority to regulate
outdoor smoking on the leased premises. For the purposes of this article,
"Village-owned property" does not include Village streets or sidewalks
open to the public generally unless otherwise noted in this article.
Smoking shall not be permitted and no person shall smoke in
outdoor areas under the ownership of the Village of Liverpool, including,
but not limited to, the following places:
A.
At any Village playgrounds, parks, playing fields, and Village-owned
properties, including on sidewalks directly bordering Village playgrounds,
parks, playing fields, and Village-owned properties.
B.
In other areas or at events where persons cannot readily escape nearby
second-hand smoke, as follows:
(1)
Within any outdoor dining area (whether covered or not) located on
public property, as follows:
(a)
Within any seating area for outdoor dining and/or drinking associated
with a bar or restaurant, that is on public property, and that is
used for that purpose.
(b)
Within any seating area for outdoor dining and/or drinking established
or maintained by the Village or its agent, and that is in use for
that purpose.
(c)
On sidewalks directly bordering such seating areas.
(2)
At outdoor events on public property, as follows:
(a)
Within the outdoor seating and viewing areas for open-air concerts,
dances, parades, other performances, lectures, motion picture or video
presentations, or similar open-air presentations, for which a permit
or authorization from the Village is required and when in use for
that purpose.
(b)
Within the outdoor seating and viewing areas associated with
unenclosed (or partially enclosed) playing fields or similar outdoor
recreation areas.
(c)
During outdoor festivals, block parties and similar events,
on public property, for which a permit or authorization from the Village
is required. For such an event, smoking is prohibited within the area
covered by the Village permit or authorization.
(d)
On sidewalks directly bordering the area of public property
outlined and reserved by permit or authorization during the outdoor
event.
(3)
Any licensee or permit holder for an outdoor dining area, vending
or outdoor event on public property shall be required to inform members
of the public of applicable restrictions on outdoor smoking (for example,
through signs posted on a mobile vending cart, at the perimeter of
an outdoor dining area or outdoor event, and/or in the publicity for
an event).
C.
Smoking shall be prohibited in certain other areas, as follows:
(1)
Outside Village-owned buildings, at all times, on any public property
within 25 feet of any entrance or exit or window or ventilation intake
for any building owned by the Village of Liverpool.
(2)
At facilities leased or licensed to others, as follows:
(a)
Whenever the Village is negotiating a new or renewed lease or
license for use of Village land or buildings, the Village shall include
in such lease or license a provision that will apply outdoor smoking
rules comparable to those for other comparable Village property as
set forth herein.
(b)
As for existing leases, where this article would not apply automatically,
the Village shall ask such lessees to agree, voluntarily, to operate
the outdoor areas of the leased premises in a manner that is consistent
with the Village regulation of smoking in comparable outdoor areas.
D.
Future property purchased by the Village of Liverpool:
(1)
The Village of Liverpool reserves the right to regulate and prohibit
smoking on any real property purchased by the Village of Liverpool
on any date after the enactment of this article by the Village Board
of Trustees of the Village of Liverpool.
Any person who violates any provision of this article, by smoking
in an area where outdoor smoking is hereby prohibited, shall be guilty
of a violation punishable by a civil penalty of $25 or an amount of
community service not exceeding 20 hours.
