[Adopted 10-4-2021 by L.L. No. 5-2021]
The Town Board of the Town of Busti finds that smoking and the
use of tobacco and cannabis in the Town of Busti's public buildings
and parks have the potential for creating a serious health hazard
for employees of the Town of Busti and the citizens of the Town of
Busti who visit and use Town buildings, grounds, parks, and recreation
areas. The Town Board has determined that to protect and promote the
public health, safety, and welfare of the employees and citizens of
the Town of Busti, it is necessary to restrict the acts of smoking
and tobacco and cannabis use in and around Town-owned buildings, parks,
recreation areas, and playgrounds.
As used in this article, the following terms shall have the
meanings indicated:
SMOKING
To inhale or exhale the smoke of burning tobacco, tobacco
substitute, and cannabis and also to carry burning tobacco, tobacco
substitute, or cannabis in the form of a cigarette, cigar, or any
other smoke-producing product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
TOWN-OWNED BUILDING
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Busti or any of its departments and
used for the conduct of public business, including, but not limited
to, the Town Administration Building, Highway Department buildings,
Town transfer station, and any buildings, structures or enclosed areas
located at any Town-owned park, recreation area, or playground.
TOWN-OWNED PARKS, RECREATION AREAS, PLAYGROUNDS AND CEMETERIES
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and maintained by the Town of Busti, including,
but not limited to, Edward F. Loomis, Jr. Town Park, Earl W. Lawson
Town Park, Dale C. Robbins Wetland Preserve, Busti Cemetery, Bentley
Cemetery, and Wellman Road Cemetery.
This article shall be enforced by the Code Enforcement Officer
of the Town of Busti or any police agency having jurisdiction in the
Town of Busti, including, but not limited to, the Lakewood-Busti Police
Department, the New York State Police, or the Chautauqua County Sheriff.