[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 8-10-2021 by L.L. No. 5-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 113,
Smoking, adopted 1-24-1990, as amended.
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.
The Village of Harriman 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 prohibiting smoking
on such properties. Therefore, this chapter will prohibit smoking
on Village parks, playgrounds, recreational areas and other outdoor
areas.
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 chapter, the following terms shall have the
meanings indicated:
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 a device.
An outdoor recreation area that is designed and intended
for use by children and, for the purposes of this chapter, 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 or soccer) and, for the purposes of this
chapter, 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 burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco or cannabis as defined
in § 222.00 of the Penal Law, or cannabinoid hemp as defined
in § 3 of the New York State Marijuana Regulation and Taxation
Act. "Smoking" also means vaping.
The use of an electronic cigarette.
Smoking shall not be permitted, and no person shall smoke, in
the following outdoor areas:
A.
Mary Harriman Park.
B.
The Edward B. Shuart, Jr. Memorial Playground.
C.
All playing fields located on property owned or leased by the Village.
D.
Any playground located on property owned or leased by the Village.
E.
Outside buildings owned or leased by the Village of Harriman 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 Harriman.
