[HISTORY: Adopted by the Board of Trustees of the Village of Dryden 11-16-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
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regulations and other enactments of the Village of Dryden in conflict with the provisions of this chapter are hereby superseded to the extent necessary to give this chapter full force and effect.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.