[HISTORY: Adopted by the Town Board of the Town of Evans 10-19-2022 by L.L. No.
3-2022. Amendments noted where applicable.]
The Town Board of the Town of Evans finds that the use of tobacco
or cannabis in or about public buildings and parks has the potential
for creating a serious health hazard for employees of the Town of
Evans and the citizens who visit and utilize Town buildings, grounds,
parks and recreation areas. 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 Evans, it is necessary
to restrict the acts of smoking and vaping use in and around Town-owned
buildings, parks, recreation areas and playgrounds.
As used in this chapter, the following terms shall have the
meanings indicated:
An electronic device intended to be used in connection with
vapors, liquids, or other vaporizing substances that delivers vapor
which is inhaled by an individual user, and shall include any refill,
cartridge and any other component of such a device, and shall include
electronic pipes. Such consumption shall be defined as "vaping."
To inhale or exhale the smoke of burning tobacco products,
cloves, cannabis, herbs, or substitutes thereof and also to carry
burning forms of a cigarette, cigar or any other smoke-producing product
or device, including pipes and electronic cigarettes.
Includes smoking and the chewing of tobacco or any tobacco
substitute.
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town or any of its departments and used for
the conduct of public business.
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and/or maintained by the Town of Evans.
A.
Smoking and/or vaping shall be prohibited in all Town-owned buildings
owned, leased, used, operated or maintained by the Town or any department
thereof (hereinafter "Town building"), without exception.
B.
Smoking and/or vaping shall be prohibited within 100 feet of all
public and private pre-primary, primary, and secondary schools providing
instruction for students at or below the twelfth-grade level, and
any vehicles owned, operated or leased by such schools which are used
to transport such students or the personnel of such schools.
C.
Smoking and/or vaping shall be prohibited within 100 feet of all
child day-care centers; provided, however, that with respect to child
day-care centers operated in private residences, this subsection shall
apply only to those areas of such private residences where the child
day-care centers are operated during the times of operation or during
the time employees are working in such child day-care centers.
D.
Smoking and/or vaping shall also be prohibited within 100 feet of
any Town building not located in a park, recreation area or playground.
E.
Smoking and/or vaping shall be prohibited in all Town-owned parks,
playgrounds and recreation areas.
F.
The Town Board further determines and declares that all Town-owned
parks, recreation areas and playgrounds shall be designated as smoke-free
zones.
A.
"Smoking and Tobacco 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 is prohibited, including all Town
buildings and at all Town-owned public parks, public playgrounds and
public recreation areas.
B.
"Smoke-Free Zone" signs shall also be posted at the entrance to each
Town-owned park, recreation area and playground.
This chapter shall be enforced by Code Enforcement, the Building
Inspector, or any police agency having jurisdiction in the Town of
Evans, including, but not limited to, the Town of Evans Police Department,
the New York State Police, the New York State Department of Environmental
Conservation, or the Erie County Sheriff.
A.
It shall be a violation for any person to smoke, inhale, or use tobacco
products, cloves, cannabis, herbs, or substitutes thereof in any area
where smoking is prohibited by the provisions of this chapter.
B.
Any person who is convicted of violating any provision of this chapter
shall be subject to a fine not to exceed $250 per violation.
