[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-6-2022 by L.L. No. 1-2022[1]]
[1]
Editor's Note: This local law was adopted as Ch. 131, but
was renumbered to maintain the alphabetical organization of the Code.
The United States Environmental Protection Agency has determined
that secondhand tobacco smoke is a Class A carcinogen, and the U.S.
Surgeon General has determined that there is no safe level of exposure
of secondhand smoke and that all secondhand smoke poses health risks
to children. Additionally, the smells caused by those who smoke tobacco
products and the litter caused by those who improperly dispose of
cigarette butts can significantly reduce the enjoyment for those individuals
and families that want to enjoy a healthy environment free of all
smoking-related pollution. Moreover, in 2021, the State of New York
legalized smoking marijuana pursuant to the New York State Cannabis
Law. As part of the legalization of cannabis, New York State recognized
the negative impacts that marijuana smoke can have to individuals
by expanding Article 13-E of New York State Public Health Law (Clean
Indoor Air Act) to include cannabis. This expansion allows municipalities
to prohibit the smoking of not only tobacco, but also cannabis in
certain public places. The Board of Trustees of the Village of Westhampton
Beach thereby finds it appropriate to enact prohibitions against all
smoking, including cannabis, in certain outdoor facilities frequented
by families, including children.
As used in this article, the following terms shall have the
meanings indicated:
The B-1 District is the downtown central business district of the Village, as depicted on the Zoning Map of the Village of Westhampton Beach and described in Chapter 197 of the Village Code.
Any electronic oral device, such as one composed of a heating
element, battery and/or electronic circuit, which provides a vapor
of nicotine or any other substances for inhalation. This term shall
include every variation and type of such devices, whether they are
manufactured, distributed, marketed or sold as an electronic cigarette,
an electronic cigar, an electronic cigarillo, an electronic pen, an
electronic pipe or an electric hookah or any other product name or
descriptor.
The complex mixture formed from the escaping gases, particles
or vapors released into the air as a result of combustion, electrical
ignition, vaporization or heating of a tobacco product or a marijuana
product when the apparent or usual purpose of the combustion, electrical
ignition, vaporization or heating is human inhalation of the by-products,
smoke of a burning tobacco product, also known as "sidestream smoke,"
and such gases, particles, vapors or smoke exhaled by the smoker.
Shall have the same meaning as in § 220.00 of the
New York State Penal Law and shall include marijuana used for medicinal
purposes.
Any building owned or operated by the Village of Westhampton
Beach.
All village-owned parks, greens, beaches and playgrounds,
including, but not limited to, the Great Lawn, Village Green, green
area along the Parlato Canal and Ria Del Bene Toddler Park, and the
marina.
The burning, heating, electrical ignition or vaporizing of
a lighted cigarette, cigar, pipe, electronic smoking device, or any
other matter or substance that contains tobacco, nicotine, marijuana,
or any other substance, or combination thereof, and the inhaling and
exhaling of environmental smoke created thereby.
Cigarettes, cigars, cheroots, stogies and perique, and any
other forms of tobacco.
A.
Smoking is prohibited in public buildings, within 50 feet of public
buildings, and in public places, as defined herein.
B.
Smoking is prohibited within 50 feet of the perimeter of the Ria
Del Bene Toddler Park and within 50 feet of the perimeter of the green
area along the Parlato Canal.
C.
Smoking is prohibited on the streets and sidewalks within the B-1
Zoning District, as defined herein.
Every person convicted of a violation of this article shall,
for a first conviction thereof, be punished by a fine of not less
than $125; for a conviction of a second violation, both of which were
committed within a period of 24 months, such person shall be punished
by a fine of not less than $250; upon a conviction of a third or subsequent
violation, all of which were committed within a period of 24 months,
such person shall be punished by a fine of not less than $500.
