[HISTORY: Adopted by the City Council of the City of Rye 5-19-2021 by L.L. No. 6-2021; amended in its entirety 8-11-2021 by L.L. No. 8-2021. Amendments noted where applicable.]
The City Council declares that the intent and purpose of this chapter is to preserve and improve the public's health by improving the air quality in certain public areas. The City Council hereby finds that the effects of secondary effects of smoking and vaping pose a threat to the health, safety, and well-being of the City's residents.
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE or E-CIGARETTE
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 device.
SMOKING
The inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe containing tobacco, cannabis or any other matter or substance.
VAPING
The use of an electronic cigarette or e-cigarette containing a cartridge or pod in which a vapor can be inhaled and exhaled.
A. 
The following City-owned or City-controlled public places are hereby established as non-smoking and non-vaping areas:
(1) 
Rye recreation facilities, including, but not limited to:
(a) 
Damiano Recreation Center;
(b) 
Disbrow Park, including Feeley Field, Founders Field, Grainger Field, Sterling Field, and all associated parking facilities;
(c) 
Gagliardo Park, including basketball court, baseball field, picnic areas, playground, and all associated parking facilities;
(d) 
Rye Nursery Field; including athletic field and all associated parking facilities;
(e) 
Rye Recreation Park, including tennis courts, baseball field, basketball court, bocce court, picnic area, skate park, athletic field, softball field, volleyball court, and all associated parking facilities.
(2) 
Rye Nature Center;
(3) 
Village Green;
(4) 
Public cemeteries;
(5) 
Public trails; and
(6) 
Accessory parking lot across from Rye High School along Boston Post Road (the Snow Field).
B. 
The sidewalks immediately adjoining but not traversing Rye recreation facilities, Rye Nature Center, Village Green, public cemeteries and public trails are excluded from the smoking and vaping prohibition contained herein.
C. 
The entire Rye Town Park, including the parking lot and pathways surrounding the grass fields and duck pond.
D. 
The City Council may, upon resolution, establish a temporary non-smoking and non-vaping area.
E. 
It shall be unlawful for any person to smoke or vape in any non-smoking and any non-vaping area.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250.