[Adopted 12-30-2024 by L.L. No. 4-2024]
For the purposes of this article the following definitions shall govern unless the context clearly requires otherwise:
CANNABINOID HEMP
Has the meaning set forth in New York Cannabis Law § 3, as that section may be amended from time to time.
CANNABIS
Has the meaning set forth in New York Cannabis Law § 3, as that section may be amended from time to time.
ELECTRONIC CIGARETTE or E-CIGARETTE
Means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
PUBLIC RECREATIONAL AREA
Means any publicly owned, or privately owned area that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, recreational trails, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
SMOKE or SMOKING
Means:
A. 
Inhaling, exhaling, or burning any tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic;
B. 
Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic, intended for inhalation; or
C. 
Using an electronic smoking device or hookah.
SMOKING OR VAPING PRODUCT WASTE
Means any component, part, or remnant of any product made from, derived from or produced from the use of tobacco, nicotine including synthetic nicotine, or cannabis or cannabinoid hemp, including all packaging and incidental waste such as lighters or matches, e-liquid containers, cartridges or "pods."
VAPING
Means the use of an electronic cigarette or e-cigarette, whether for tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic.
A. 
Smoking and vaping are prohibited within structures and on the grounds of Town properties, including without limitation the following places within the Town of Red Hook: Town Hall and all related parcels including Town highway facilities and Town recycling center; Red Church Cemetery; St. Margeret's Home; Town-owned parking lots; Town parks including picnic areas, sports areas, playgrounds, dog park; ball parks; and recreational trails owned or operated by the Town.
B. 
Smoking and vaping are prohibited within structures and on the grounds of public recreational areas within the Town.
C. 
No person shall dispose of smoking or vaping product waste within the boundaries of an area in which smoking or vaping is prohibited.
A. 
It shall be unlawful for any person to smoke or vape in any area where smoking and vaping are prohibited or restricted under this article.
B. 
Each instance of smoking or vaping or disposal of smoking or vaping waste in violation of this article shall constitute a separate violation.
C. 
A violation of the provisions of this article shall be punishable by a civil penalty of $50 for each violation.
D. 
The requirements established by this article shall be administered and enforced by any law enforcement agency that has jurisdiction in the Town of Red Hook ("police officers"), the Town of Red Hook Zoning Enforcement Officer, Code Enforcement Official/Building Inspector and Town Attorney or his/her designee and such other employees and/or officials authorized by the Town Board.