[Adopted 7-15-2021 by L.L. No. 4-2021]
The primary purpose of this chapter is to reduce the proximate
exposure of the public, especially children, to the hazards and annoyance
of secondhand tobacco, cannabis and e-cigarette smoke or vapors. This
legislation is intended to protect the health, safety and welfare
of the public by reducing exposure and contamination from cannabis
and tobacco use and vaping in public places where young persons and
children are likely to be present.
As used in this law, the following terms shall have the meanings
as indicated below:
CANNABIS or CANNABIS-RELATED PRODUCT
Any product containing marijuana, THC or CBD in any form
or as the term is defined by Chapter 7-A of the New York State Consolidated
Laws or the New York State Cannabis Law.
CHILDREN
Persons under the age of 18 years.
E-CIGARETTE or VAPE
Any electronic device composed of a mouthpiece, heating element,
battery and/or other electronic circuit that provides a vapor of liquid
nicotine, cannabis product and/or other substance that is sometimes
mixed with propylene glycol by the user as they simulate smoking.
This term shall include all such devices whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, vapes or under any other product
name.
PARK
Any outdoor recreation area, playground, playing field, pavilion
or open space that has been designated for recreational purposes or
activities. All parking areas and lots within such parks shall be
included for purposes of this chapter.
PAVILION
A structure that is at least partially unenclosed and that
is intended for public use.
PLAYGROUND
An outdoor recreation area that is designed and intended
for use by children. For the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
and/or sports and for the purposes of this chapter, a playing field
that is fenced or the outside perimeter of which is otherwise physically
demarcated shall be deemed to include all of the area inside such
fence or demarcation, together with any bleachers or other designated
viewing area; a playing field that is not fenced or otherwise demarcated
(as to its outside perimeter) shall be deemed to include all of the
area customarily required for playing the game or sport for which
it is being used, together with any bleachers and other designated
viewing area.
SMOKE
The emission produced by the burning of a tobacco product
or tobacco-related product, cannabis product or cannabis-related product
or the heating of an e-cigarette which creates a vapor.
SMOKING
The burning of a tobacco or cannabis product or related product
or the hearing or ignition of an e-cigarette which creates a vapor.
TOBACCO or TOBACCO-RELATED PRODUCT
Any manufactured product containing tobacco or nicotine,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powered and/or
dissolvable tobacco projects, liquid nicotine and electronic cigarette
cartridges, whether packaged or not; any packaging that indicates
it might contain any substance containing tobacco or nicotine; or
any object utilized for the purpose of smoking or inhaling tobacco
or nicotine products.
Any person found to be in violation of any provision of this
chapter by smoking or using tobacco or a tobacco-related product in
an area where outdoor smoking is hereby prohibited shall be guilty,
upon conviction, of an offense punishable by a fine of not less than
$50 for the first violation; not more than $100 for a second violation;
and not more than $250 for the third and each subsequent violation.
Each event on any single day or each day on which a violation occurs
shall be considered a separate and distinct violation.