[HISTORY: Adopted by the Town Board of the Town of Greenburgh
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2022 by L.L. No. 18-2022]
As used in this article, the following terms shall have the
meanings indicated:
Any words, pictures, photographs, symbols, graphics or visual
images of smoking paraphernalia or specific tobacco products, as defined
below, whether solid, liquid or gaseous, or a copy or likeness of
an object or any communication of any nature intended to create an
interest in or induce a person to purchase or use such an object.
To show or place smoking paraphernalia or specific tobacco
products, whether solid, liquid or gaseous, or a copy or likeness
of it, in an exterior or interior location visible from any public
road or sidewalk.
Any pipe, water pipe, hookah, rolling papers, vaporizer or
other device, equipment or apparatus designed or used for the inhalation
of tobacco or related smoking products.
Tobacco heating systems, e-cigarettes, electronic nicotine
delivery systems, vaping products, synthetic nicotine products, or
any product containing synthetic nicotine, other than those available
from pharmacies by prescription only.
A.
The sale or offering to sell of any specified tobacco products and
smoking paraphernalia is prohibited within 750 feet from any school
which has students below the age of 21 or public park.
B.
The advertising or display of any specified tobacco products and
smoking paraphernalia is prohibited within 1,500 feet from any school
which has students below the age of 21 or public park.
C.
The distances set forth in Subsections A and B of this § 453-2 shall be measured on a straight line from the nearest property line of the relevant school or public park to the building where the potential sales, display and/or advertising of specified tobacco products and/or smoking paraphernalia occurs.
A.
The Town of Greenburgh Police Department and Building Inspector shall be charged with enforcement of § 453-2A of this article. Any person violating this article shall, upon conviction, be guilty of a misdemeanor and subject to a fine of up to $2,500 for the initial day and $2,500 for each day the violation remains. Any person convicted of a second violation of this article within three years of a prior conviction under this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of twice that imposed for the first offense, up to $5,000 for the initial day and $5,000 for each day the violation remains.
B.
The Town of Greenburgh Police Department and Building Inspector shall have the authority to enforce § 453-2B of this article. Any person violating this article shall be subject to a $1,000 fine for the first offense and $5,000 for any subsequent offense.
C.
Nothing herein shall be deemed to preclude the Office of the Town
Attorney from seeking the closure, for good cause shown, of any business
found to be operating in violation of this article. For businesses
that are lawfully selling, at the time of the enactment of this article,
specified tobacco products and/or smoking paraphernalia, such sales
may continue for a period of one year from the date that this article
is filed with the Secretary of State.
