[HISTORY: Adopted by the Board of Trustees of the Village
of Maybrook as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-20-2021 by L.L. No. 6-2021]
Article 13-E of the New York Public Health Law, also commonly
known as the "Clean Air Act," prohibits smoking in most indoor areas,
but prohibitions on outdoor smoking under that law are limited. In
enacting Article 13-E, the New York State Legislature found that there
is a substantial body of scientific research showing that breathing
secondhand smoke is a significant health hazard for nonsmokers, and
that it is in the best interests of the people of this state to protect
nonsmokers from involuntary exposure to secondhand smoke, including
emissions from e-vaping, in indoor areas and certain outdoor areas.
This hazard and annoyance extends to secondhand tobacco, cannabis
and e-cigarette smoke or vapors. The Village of Maybrook Board of
Trustees finds that it is in the public interest to protect the health
and safety of its residents and others using, occupying, visiting,
recreating or conducting business on certain outdoor Village properties
not covered by the state law from the harmful effects of secondhand
smoke by reducing exposure and contamination from cannabis and tobacco
use by prohibiting smoking on such properties. Therefore, this article
will prohibit smoking on Village parks, playgrounds, recreational
areas and other outdoor areas.
The Municipal Home Rule Law authorizes a village to enact a
local law that is not inconsistent with state law and to adopt local
laws not inconsistent with the State Constitution. Public Health Law
§ 1399-r specifically provides that "smoking and vaping
may not be permitted where prohibited by any other law, rule, or regulation
of any state agency or any political subdivision of the state and
that nothing herein shall be construed to restrict the power of any
county, city, town, or village to adopt and enforce additional local
law, ordinances, or regulations which comply with at least the minimum
applicable standards set forth in this article."
As used in this article, the following terms shall have the
meanings indicated:
Any product containing marijuana, THC or CBD in any form
or as the term is defined by Chapter 7-A of the New York State Consolidated
Laws or the New York State Cannabis Law.
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 includes all such devices, whether they are manufactured as e-cigarettes,
e-cigars, e-pipes, vapes, or under any other product name, and shall
include any refill, cartridge, and any other component of such a device.
Any outdoor recreation area, playground, playing field or
court, 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 article.
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 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 baseball, football, soccer, basketball or volleyball) and,
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.
The emission produced by the burning of a tobacco product
or tobacco-related product, cannabis product or cannabis-related product
or the heating of an e-cigarette which creates a vapor.
The burning of a lighted cigar, cigarette, pipe, e-cigarette
or any other matter or substance which contains tobacco or cannabis
product or related product. "Smoking" also means vaping.
Any manufactured product containing tobacco or nicotine,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powdered 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.
The use of an electronic cigarette.
Smoking and/or the 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 in the following outdoor
areas:
A.
Frederick Myers Veterans' Memorial Park.
B.
David Weiss Memorial Park.
C.
Danny Meyer Memorial Playground.
D.
George C. Bullis Community Center.
E.
All playing fields and courts located on property owned or leased
by the Village.
F.
Any playground located on property owned or leased by the Village.
G.
Outside of buildings owned or leased by the Village of Maybrook as
follows: at all times, on any public property within 25 feet of any
entrance or exit or window or ventilation intake for any building
owned or leased by the Village of Maybrook.
A violation of any provision of this article shall be punishable
by a penalty of not less than $50 for the first violation; not more
than $100 for a second violation; and not more than $250 for the third
and each subsequent violation. Each event on any single day or each
day on which a violation occurs shall be considered a separate and
distinct violation.
