The Town Board of the Town of North Hempstead finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 57 of the Town Code entitled "Town Facilities" in order to protect the public from involuntary exposure to tobacco and cannabis smoke and vapor on Town-owned property.
As used herein and unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin.
An electronic device that delivers vapor for inhalation.
"Electronic cigarette" shall include any refill, cartridge, and any
other component of an electronic cigarette. "Electronic cigarette"
shall not include any product approved by the Food and Drug Administration
for sale as a drug or medical device.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, or any other lighted tobacco product, cannabis, or
any other lighted substance intended for inhalation.
Any product made or derived from tobacco or which contains
nicotine marketed or sold for human consumption, whether consumption
occurs through inhalation, or oral or dermal absorption, including
cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka,
other tobacco products, or nicotine water. "Tobacco product" does
not include drugs, devices, or combination products authorized for
sale by the state or U.S. Food and Drug Administration, as those terms
are defined in the Federal Food, Drug and Cosmetic Act.[1]
All property owned or leased by the Town, including but not
limited to the Town dock, Town beaches and parks, Department of Public
Works facilities and the Town Halls, together with all of the driveways,
parking areas and grounds surrounding the same.
The use of an electronic cigarette or e-cigarette.
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
No person shall smoke or vape on Town property.
Any person who shall violate any of the provisions of this Article II shall be subject to a civil penalty not exceeding $25.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, or part
of this article or in its application to the person or circumstance
directly involved in the controversy in which such judgment or order
shall be rendered.
