[Added 11-6-2024 by L.L. No. 20-2024]
A. 
The Board of Trustees recognizes that tobacco, cannabis and other types of smoke and vapor/emissions from cigarettes, cigars, pipes, electronic cigarettes or other devices pose a threat to human health whether inhaled directly or as a result of secondhand smoke. The intent of the Board of Trustees by enacting this article is to protect the health, safety and welfare of those persons utilizing public areas within the Village.
B. 
Definitions. For purposes of this article, the following terms shall have the meaning ascribed to them. All other terms shall have the meanings normally ascribed to them in common usage.
CANNABIS
Has the meaning set forth in § 3 Subdivision 5 of the New York Cannabis Law, as may be amended from time to time.
CANNABINOID HEMP
Has the meaning set forth in § 3 Subdivision 3 of the New York Cannabis Law, as may be amended from time to time.
ELECTRONIC CIGARETTE or E-CIGARETTE
Any electronic device that provides a vapor of liquid nicotine and/or other substances mixed with propylene glycol to the user as he or she simulates smoking including any refill cartridge and any other component of such device. This term shall include such devices whether manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
PUBLIC PROPERTY
Any place owned or controlled by the Village of Ossining, open to the general public, including but not limited to municipal parking lots, parks, plazas, playgrounds, public buildings, other public facilities or grounds whether vacant or improved owned or controlled by the Village. For purposes of this article, public property shall include streets, sidewalks, and public highways within 500 feet of a church or other place of worship or school.
SMOKING
The inhaling, exhaling, burning or carrying of any lighted, heated or ignited cigar, cigarette, pipe, hookah, electronic device or other device that delivers nicotine, cannabis, cannabinoid hemp, or any other substances intended for inhalation.
TOBACCO PRODUCT
Includes the following:
(1) 
Any product containing, made or derived from tobacco or nicotine that is intended for human consumption by means including, cigarettes, cigar, and pipes.
(2) 
Any electronic device that delivers nicotine or other substances to the person inhaling from the device including, e-cigarettes, e-cigars, e-pipes or e-hookahs.
VAPING
The use of an electronic cigarette.
A. 
Smoking and vaping is prohibited in or upon any vehicle owned by the Village of Ossining.
B. 
Smoking and vaping is prohibited in all of the following places:
(1) 
All Village-owned parks including parking lots at the parks.
(2) 
All Village-owned playgrounds and recreational facilities including picnic areas, trails, walkways, playing fields/facilities for sporting activities, and all spectator areas or bleachers.
(3) 
All Village-owned firehouses including parking lots for the firehouses.
(4) 
All Village-owned properties including the Municipal Building, Police-Court Facility, Community Center, Ossining Operations Center, Indian Brook Water Treatment Facility and within a fifty-foot radius of all public entrances to such buildings; provided, however that the provisions of this section shall not apply to smoking within the boundaries of an adjacent property.
(5) 
Property rented in whole or in part by the Village including Independent Hose Company and Ossining Steamer Company.
(6) 
Village-owned municipal parking lots and parking structures.
(7) 
Property maintained by the Village pursuant to agreement including the Old Croton Aqueduct.
C. 
Nothing in this article prohibits any person with legal control over any property from prohibiting smoking and vaping on any part of such property even if smoking or vaping is not otherwise prohibited in that area by law.
D. 
All items for smoking and vaping must be extinguished prior to entering Village-owned property. No person shall dispose of used smoking or vaping waste within the boundaries of an area in which smoking or vaping is prohibited.
A. 
Except as noted in Subsection B, a violation of this article shall constitute a violation punishable by a fine not less that $50 and not exceeding $100 for a first violation, a fine not less than $100 and not exceeding $200 for a second violation committed within 12 months of the first violation, and a fine not less than $150 and not exceeding $300 for third and subsequent violations committed within 12 months of the first violation.
B. 
A violation of this article involving the smoking or vaping of cannabis shall be subject to a civil penalty not exceeding $25 or an amount of community service not exceeding 20 hours.
If any clause, sentence, paragraph, section, word or part of this article is adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section, word or part of this chapter directly involved in the controversy in which judgment is rendered.