This chapter is adopted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York including, but not limited
to, §§ 10 and 23 thereof. The Village of Dryden declares
that the use of tobacco products and smoking in and upon certain Village-owned
property is deleterious to such property and harmful to the health
of persons using and enjoying such Village-owned lands. The Village
Board of Trustees further finds and determines that human health is
seriously threatened by exposure to environmental tobacco smoke (ETS)
and that the U.S. Environmental Protection Agency (EPA) make clear
that ETS, or secondhand smoke, is a human carcinogen responsible for
lung cancer deaths in nonsmoking adults. Further, the EPA has concluded
that exposure to ETS increases the risks of respiratory and middle
ear diseases in children contributing to cases of bronchitis and pneumonia
in infants and young children. Further, exposure to ETS significantly
worsens the condition of asthmatic children and contributes to new
cases of asthma in once-healthy children. The Village also finds and
determines that the use of electronic cigarettes (EC) is widespread
among teens although their use is not safe. Current research suggests
that harmful metals, carcinogens, and fine and ultrafine particles,
all detrimental to individual health, are present in EC vapors. Accordingly,
and based upon the authority of the Village of Dryden to regulate
the use of its property and the authority of the Village to enact
laws in the furtherance thereof, including, but not limited to, the
proper legal authorities, Public Health Law § 1399-r, the
Municipal Home Rule Law § 10; and the Village of Dryden
hereby adopts this chapter in furtherance of the health, welfare,
and safety of the Village residents, and not inconsistent with the
provisions of the New York State Constitution, any general law relating
to its property, affairs, government or other subjects provided for
in said § 10 of the Municipal Home Rule Law. All local
laws, resolutions, rules, regulations and other enactments of the
Village of Dryden in conflict with the provisions of this chapter
are hereby superseded to the extent necessary to give this chapter
full force and effect.
Smoking (principally, but not exclusively, meaning the use,
ignition, and/or consumption of tobacco and other combustible products
intended to be inhaled through cigarettes, cigars, pipes and similar
devices), vaping (meaning the use of electronic cigarettes and other
similar devices), and other uses of tobacco (principally, but not
exclusively, meaning the chewing or inhalation of tobacco products)
are prohibited on all Village-owned property except in areas designated
by signs specifying that tobacco use is permitted.
This chapter may be enforced by any Village of Dryden police
officer, or by any New York State police or peace officer, or by any
person designated by the Village Board of the Village of Dryden as
an enforcement officer relative to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Failure to comply with any of the provisions of this chapter
shall be deemed a violation, and the violator shall be punished as
set forth on the Village of Dryden Fine Schedule, which Fine Schedule
may be established by resolution and thereafter amended from time
to time by resolution of the Village Board of Trustees.
This chapter shall in no way limit or alter any restriction
upon smoking imposed by any law of the State of New York.
If any clause or provision of this chapter shall be held invalid
or unenforceable by a court or tribunal of competent jurisdiction,
such holding shall not affect or invalidate the remainder of this
chapter and any such invalidity or unenforceability shall be confined
in its operation to the clause or provision directly involved in the
controversy in which such holding shall have been rendered.
This chapter shall become effective after filing with the Secretary
of State.