[Added 6-21-2022 by L.L. No. 9-2022]
The Town Board of the Town of Clarkstown finds that smoking,
the use of tobacco products, cannabis products, and vaping in the
Town of Clarkstown's public buildings and parks have the potential
for creating a serious health hazard for employees of the Town of
Clarkstown and the citizens of the Town of Clarkstown who visit and
utilize Town buildings, grounds, parks, recreation areas and/or playgrounds.
The Town Board has determined that, in order to protect and promote
the public health, safety and welfare of the employees and citizens
of the Town of Clarkstown, it is necessary to restrict the acts of
smoking and using tobacco products, cannabis products, and vaping
in and around Town-owned buildings, parks, recreation areas, and/or
playgrounds.
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
To inhale or exhale the smoke of burning tobacco or tobacco
substitute or cannabis and also to carry burning tobacco or tobacco
substitute or cannabis in the form of a cigarette, cigar, or any other
smoke-producing product or device, also including vapes and pipes.
Any substance which contains tobacco, including, but not
limited to, cigarettes, cigars, pipe tobacco and chewing tobacco.
Includes smoking and the chewing of tobacco.
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Clarkstown or any of its departments
and used for the conduct of public business, including, but not limited
to, the Town Hall, Highway Department buildings, Town Court and police
building, and any buildings, structures or enclosed areas located
at any Town-owned park, recreation area and/or playground.
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and maintained by the Town of Clarkstown or
the Town of Clarkstown Parks Board and Recreation Commission.
Inhaling vapor through the mouth from a usually battery-operated
electronic device (such as an electronic cigarette) that heats up
and vaporizes a liquid or solid.
A.
Smoking and the use of tobacco products, cannabis products, and vaping
shall be prohibited in all Town-owned buildings owned, leased, used,
operated or maintained by the Town of Clarkstown or any department
of the Town of Clarkstown (hereinafter "Town building"), without exception.
B.
Smoking and the use of tobacco products, cannabis products, and vaping
shall also be prohibited within 30 feet of any Town building not located
in a park, recreation area or playground.
C.
Smoking and the use of tobacco products, cannabis products, and vaping
shall be prohibited in all Town-owned parks, playgrounds and recreation
areas.
D.
The Town Board further determines and declares that all Town-owned
parks, recreation areas and playgrounds shall be designated as tobacco-,
cannabis- and vaping-free zones.
A.
"Smoking, Vaping, Tobacco and Cannabis Use Prohibited" signs or the
international "no smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it) shall be clearly, sufficiently and conspicuously posted at each
entrance to any Town building where smoking, vaping, and use of tobacco
and cannabis products is prohibited, including all Town buildings
and at all Town-owned public parks, public playgrounds and public
recreation areas.
B.
"Tobacco, Cannabis and Vaping Free Zone" signs shall also be posted
at the entrance to each Town-owned park, recreation area and playground.
This article shall be enforced by the Code Enforcement personnel
of the Town of Clarkstown or any police agency having jurisdiction
in the Town of Clarkstown, including, but not limited to, the Town
of Clarkstown Police Department, the New York State Police or the
Rockland County Sheriff.
A.
It shall be a violation for any person to smoke, vape or use tobacco
or cannabis products in any area where smoking, vaping or the use
of tobacco or cannabis products is prohibited by the provisions of
this article.
B.
Any person who is convicted of violating any provision of this article
shall be subject to a fine not to exceed $200 per violation.
