This article shall be known as the "Prohibition of Public Cannabis Smoking in Town Parks and on Town Property Local Law of 2021."
[HISTORY: Adopted by the Town Board of the Town of Naples as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-2021 by L.L. No. 3-2021]
It is the intent of the Town Board of the Town of Naples, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Town by enacting this article. Since cannabis, vaping and tobacco smoke and fumes are recognized by the State of New York as harmful to health, accordingly, such smoke and fumes being produced where other people who may not desire to be exposed to such smoke and fumes could be present, including underage people, smoking of any product or device should be prohibited in Town parks, playgrounds and other Town-owned or -controlled property.
This article is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York.
No person shall smoke or vape any product in or on any Town-owned parks, recreation areas, playgrounds, outdoor sporting facilities, outdoor stages or parking lots for such facilities or any other Town-owned property. For the purposes hereof, smoking and vaping shall be defined pursuant to the provisions of §§ 1399-n(8) and 1399-aa(13) of the Public Health Law of the State of New York.
A.
Any person who violates any provision of this article shall, upon conviction, be punished by a fine of not more than $250 or by incarceration for not more than 15 days or both a fine and incarceration.
B.
As an alternative to or in addition to a fine and/or incarceration, as provided in Subsection A hereof, the person violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Highway Department of the Town of Naples, and be pursuant to an order of conditional discharge issued by the court.