[HISTORY: Adopted by the Town Board of the Town of Sweden 11-30-2021 by L.L. No. 7-2021. Amendments noted where applicable.]
This chapter shall be referred to as "Local Law 7 of 2021, Adding Chapter 179 to the Sweden Town Code Concerning Usage of Tobacco, Vaping, E-Cigarette and THC-Containing Products on Town Property."[1]
[1]
Editor's Note: This chapter was adopted as Ch. 179, but by resolution adopted 11-29-2022 the Town Board approved its renumbering as Ch. 167 in order to maintain the alphabetical organization of the Town Code.
This chapter is adopted pursuant to the New York State Constitution, Article IX, Town Law § 261 through § 264 and Municipal Home Rule Law § 10.
The Town of Sweden (hereinafter referred to as "Sweden") has a responsibility to protect the health, safety, welfare and quality of life of Sweden residents, Sweden employees and the public at large. It is acknowledged and recognized that tobacco, vaping, e-cigarette and/or THC-containing products can contribute to significant health concerns and/or death to individuals. Consequently, individuals using property owned and/or maintained by Sweden are entitled to an environment devoid of tobacco, vaping, e-cigarette and THC-containing products in order to promote the best interests of the public.
A. 
The prohibitions and restrictions set forth in this section pertain to properties owned and/or maintained by Sweden.
B. 
All usage of THC-containing products is prohibited and restricted at all properties owned and/or maintained by Sweden.
C. 
All usage of tobacco, vaping and/or e-cigarette is prohibited and restricted at the Sweden Town Park and the Sweden Community Center. The foregoing prohibitions and restrictions apply to all sections of the Sweden Town Park and the Sweden Town Community Center, including all Town buildings, enclosed office spaces, conference rooms, meeting rooms, private offices, restroom facilities, auditoriums, gymnasiums, sports fields, trails or walkways, water parks, hallways, playgrounds and vehicles.
D. 
All usage of tobacco, vaping and/or e-cigarette is prohibited and restricted at the Sweden Town Hall, Sweden Highway Department Garage, Sweden Farmer's Museum and all cemeteries owned, operated or maintained by the Town of Sweden, except for specific designated areas in said locations to be identified by signage conspicuously placed for the public to see.
E. 
As is deemed necessary from time to time, the Sweden Employee Handbook is to be amended to reflect the policy set forth herein.
Any Town employee or official who is determined to have violated this chapter is subject to appropriate disciplinary action, including loss of wages, suspension of employment and/or termination of employment. Sweden reserves the right to additionally pursue legal recourse, if appropriate.
A. 
Any person determined to be in violation of this chapter may be ejected and removed from Town property.
B. 
Any person who is determined to be in violation of this chapter shall be punishable by a fine of not less than $75 or no more than $150, and/or imprisonment of up to 15 days for each violation.
If any clause, sentence, paragraph, subdivision, section or part of this chapter, or the application thereof to any person, individual, firm or corporation, or circumstance, shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its application to the person, individual, firm or corporation, or circumstance, directly involved in the controversy in which said order or judgment shall be rendered.
This chapter shall take effect upon the date it is filed in the Office of the New York State Secretary of State in accordance with Municipal Home Rule Law § 27.