The intent and purpose of this chapter is to preserve and improve the public's health by improving the air quality and environmental quality in public areas owned and operated by the Town of East Greenbush. The Town of East Greenbush hereby finds that the secondary effects of smoking, vaping and the use and disposal of smokeless tobacco pose a threat to the health, safety, and well-being of the Town's residents. A prohibition of these activities will eliminate exposure to secondhand tobacco smoke, cannabis smoke, and the by-products of smokeless tobacco.
[HISTORY: Adopted by the Town Board of the Town of East Greenbush 5-18-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
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 device.
Tobacco that is chewed or snuffed rather than smoked.
The inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe containing tobacco, cannabis or any other matter or substance.
The use of an electronic cigarette or e-cigarette containing a cartridge or pod in which a vapor can be inhaled and exhaled.
Smoking, vaping and the use of smokeless tobacco are prohibited in the following Town-owned facilities and places:
A.
East Greenbush Town Hall, 225 Columbia Turnpike;
B.
Police Station, 225 Columbia Turnpike;
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Garage/Department of Public Works, 69 Gilligan Road;
D.
Waste Water Treatment Plant, 80 Columbia Turnpike;
E.
East Greenbush Town Park, 100 Town Park Road;
F.
Onderdonk Park;
G.
Hampton Manor Park;
H.
Woodland/Eckman Park;
I.
Pump Stations at the following locations: Teresa Drive; Route 4 (Commons); Third Avenue Extension; Plaza View; HANYS; Birch-Prospect Heights; Kriss Crossing; Route 4 (Hyde A Way); Luther Road; Corellis Road (Forrest Pointe); and Barracks Road.
Notices of violation of this chapter may be issued by the East Greenbush Police Department or by the officers any other law enforcement agency having jurisdiction in Rensselaer County.
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 for a first offense and not exceeding $500 for a second offense.
If any part of this chapter shall be deemed by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this chapter.
The Commissioner of Public Works is authorized, within funds appropriated therefor, to purchase signs giving notice of this chapter, and to post those signs where smoking, vaping and smokeless tobacco is prohibited. The failure of the Commissioner to post such a sign in any particular area shall not be a defense against a charge of violating this chapter.
This chapter shall take effect immediately and shall apply to any applications pending as of the effective date of this chapter.