[HISTORY: Adopted by the Board of Trustees of the Village
of Weedsport as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-8-2021 by L.L. No. 5-2021]
It is the intent of this article to codify the smoking policy
of the Village of Weedsport, New York, and to promote and protect
the air quality for all residents of the Village of Weedsport.
This article is adopted pursuant to the authority of the New
York State Clean Air Act, Public Health Law Chapter 244, approved
July 5, 1985.
As used in this article, unless the context or subject matter
requires otherwise, the following terms shall have the meanings indicated:
The burning of, inhaling of, exhaling of, or carrying of
a lighted cigar, cigarette, pipe, marijuana or any other plant material,
electronic cigarette or e-cigarette, or any other device intended
for inhalation, which emits tobacco, smoke, tar, vape or vapor or
any other chemical substance into the air.
The smoking of any substance shall be prohibited on every property
owned, operated or maintained by the Village of Weedsport.
A.
It shall be the policy of the Village of Weedsport to be in compliance
with the Clean Air Act, enacted into law by the New York State Legislature,
and to establish restrictions prohibiting smoking on property owned,
operated or maintained by the Village of Weedsport.
B.
The provisions of this article shall be deemed to supplement federal,
state, and local laws and ordinances, codes and regulations. Nothing
in this article shall be deemed to abolish, impair, supersede or replace
existing remedies of the Village, county, or state, or existing requirements
of any other provision of local laws or ordinances of the Village
or county or state laws, and regulations. In case of any conflict
between any provisions of this article and any applicable state or
local law, ordinance, code or regulation, the more restrictive provision
shall control.
If any clause, sentence, paragraph, subdivision, or part of
this article or the application thereof to any person, firm or corporation,
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, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall take effect immediately upon filing with
the Secretary of State.
