[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 10-20-2021 by L.L. No.
11-2021. Amendments noted where applicable.]
This chapter shall be titled "Smoking, Vaping, E-Cigarettes
and Other Tobacco Products," and is intended to prohibit those activities
in Town buildings and on all Town property including parks, recreation
areas, and playgrounds.
A.
The Town
Board of the Town of Poughkeepsie finds that the smoking of tobacco
and marijuana, as well as vaping and the use of electronic cigarettes
and other tobacco products, in Town of Poughkeepsie buildings and
on Town property has the potential to create a serious health hazard
for the employees of the Town, the citizens of the Town, and those
who visit and utilize Town property.
B.
The Town
Board hereby determines that in order to protect and promote the public
health, safety and welfare of the Town's employees, citizens, and
visitors, it is necessary to prohibit the smoking of tobacco and marijuana,
vaping, and the use of tobacco products in and on Town property, and
this Town Board declares that all Town buildings and property are
"Tobacco and Marijuana Free Zones."
As used in this chapter, the following terms shall have the
meanings indicated:
"Electronic cigarette" or "e-cigarette" means an electronic
device that delivers vapor which is inhaled by an individual user,
and shall include any refill, cartridge and any other component of
such a device.
Smokeless tobacco, chewing tobacco, plug, snuff, dip and
other tobacco products intended to be held in the mouth or chewed.
"Marihuana" or "concentrated cannabis" as those terms are
defined in § 3300(2) of the New York State Public Health
Law.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco or cannabis as defined
in § 222.00 of the Penal Law, or cannabinoid hemp as defined
in Section 3 of the Cannabis Law.
Any building, structure, or enclosed outdoor area owned,
leased, licensed, used or operated by the Town of Poughkeepsie or
any of its departments for the conduct of public business, including
but not limited to the Town Hall, the Highway, Sewer, Water and other
Department buildings, the Police-Court Facility, and all Town parks,
recreation areas, playgrounds and other land and properties owned,
leased, licensed, used or operated by the Town of Poughkeepsie.
The use of an electronic cigarette.
"Vaping, Smoking of Tobacco and Marijuana, and the use Other
Tobacco Products are prohibited," or signs with equivalent language,
shall be clearly and conspicuously posted at each entrance to all
Town properties. In addition, the international "no smoking" symbol
(a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it) shall also be posted in all Town
buildings.
This chapter may be enforced by the Zoning Administrator and
Building Inspector of the Town of Poughkeepsie and their deputies
and by any police agency having jurisdiction in the Town of Poughkeepsie
including, but not limited to, the Town of Poughkeepsie Police Department,
the New York State Police and the Dutchess County Sheriff.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State and the Office of
the Clerk of the Town of Poughkeepsie.
