The title of this chapter shall be "A Local Law Replacing Chapter
51 of the Town Code of Blooming Grove Regulating Smoking in the Town of Blooming Grove."
The Town Board of the Town of Blooming Grove finds that New
York State law bans smoking throughout the workplace, in copy machine
and common equipment areas, and in company vehicles; however, New
York laws do not address the specific areas of a workplace where smoking
may be permitted. The Town Board further finds smoking, the use of
tobacco products, cannabis products, and vaping in the Town of Blooming
Grove's public buildings and parks have the potential for creating
a serious health hazard for employees of the Town of Blooming Grove
and the citizens of the Town of Blooming Grove who visit and utilize
Town buildings, grounds, parks, recreation areas and/or playgrounds.
The Town Board has determined that, in order to protect and promote
the public health, safety and welfare of the employees and citizens
of the Town of Blooming Grove, it is necessary to restrict the acts
of smoking and using tobacco products, cannabis products, and vaping
in and around Town-owned buildings, parks, recreation areas, and/or
playgrounds.
As used in this chapter, the following terms shall have the
meanings indicated:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
CANNABIS PRODUCT
Cannabis, concentrated cannabis, and cannabis-infused products
for use by a cannabis consumer.
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco
substitute or cannabis and also to carry burning tobacco or tobacco
substitute or cannabis in the form of a cigarette, cigar, or any other
smoke-producing product or device, also including vapes and pipes.
TOBACCO PRODUCT
Any substance, which contains tobacco, including, but not
limited to, cigarettes, cigars, pipe tobacco and chewing tobacco.
TOBACCO USE
Includes smoking and the chewing of tobacco.
TOWN BUILDING
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Blooming Grove or any of its departments
and used for the conduct of public business, including, but not limited
to, the Town Hall, Highway Department building(s), buildings, grounds
and Parks building(s), Central Garage, Senior Center, Recreation building(s),
park building(s), Town Court and Police Department building(s), and
any buildings, structures or enclosed areas located at any Town-owned
park, recreation area and/or playground.
TOWN EMPLOYEE
Includes all paid and unpaid employees, including but not
limited to volunteers, and consultants.
TOWN VEHICLE AND EQUIPMENT
Any vehicle(s) and/or equipment owned, leased, used or operated
by the Town of Blooming Grove, its employees and/or elected officials
or any of its departments and used for the conduct of public business,
including, but not limited to, the Town Hall, Highway Department,
buildings, grounds and parks, Police Department, Central Garage, Senior
Center, recreation, park buildings, and Town Court.
TOWN-OWNED PARKS, RECREATION AREAS OR PLAYGROUNDS
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and maintained by the Town of Blooming Grove
or the Town of Blooming Grove Parks Board and Recreation Commission.
VAPING
Inhaling vapor through the mouth from a usually battery-operated
electronic device (such as an electronic cigarette) that heats up
and vaporizes a liquid or solid.