[HISTORY: Adopted by the Council of the City of New Rochelle 1-21-2025 by Ord. No. 2025-17. Amendments noted where applicable.]
The words and phrases set forth below have the following meanings when used in this chapter:
SMOKELESS TOBACCO
Any tobacco product that consists of cut, ground, powdered, or leaf tobacco and that is intended to be placed in the oral or nasal cavity, including but not limited to chewing tobacco, snuff, or snus. This also includes nicotine pouches.
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, or cannabis or cannabinoid hemp as such terms are defined in § 3 of the New York State Cannabis Law, including the use of an electronic smoking device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device, or any Electronic Nicotine Delivery System (ENDS).
A. 
The following shall be a violation of this chapter:
(1) 
Smoking and/or using smokeless tobacco within any building or structure, including any main entrance to such facilities, owned or leased, and controlled by the City of New Rochelle.
(2) 
Smoking and/or using smokeless tobacco within any vehicle owned, leased, or rented by the City of New Rochelle.
(3) 
Smoking and/or smokeless tobacco anywhere within the confines of any public parks, beaches, pools, splashpads, playgrounds, trails, recreation centers, marinas, and athletic facilities owned or operated by the City of New Rochelle. The sidewalks immediately adjoining but not traversing public parks, beaches, pools, splashpads, playgrounds, trails, recreation centers, and athletic facilities are excluded from the smoking and vaping prohibition contained herein.
(4) 
Smoking and/or using smokeless tobacco anywhere within any parking garage owned or operated by the City of New Rochelle.
(5) 
Smoking and/or using smokeless tobacco anywhere with any pedestrian plaza owned or operated by the City of New Rochelle.
(6) 
Smoking and/or using smokeless tobacco on or in any bus, shuttle, omnibus or coach within the limits of the City of New Rochelle.
(7) 
Smoking by the licensed operator of a taxicab while such taxicab is carrying passengers.
(8) 
Smoking and/or use of smokeless tobacco anywhere in theaters; however, nothing in this Chapter shall be interpreted to prohibit smoking by a performer as part of a theatrical production.
B. 
Smoking indoors in the City of New Rochelle shall be governed by Article 13-E of the New York State Public Health Law, which is also known as the "Clean Indoor Air Act."
Each violation of § 252-2 shall be a violation punishable by a fine of not less than $100. The penalty provided in this section shall be in lieu of all other penalties prescribed in this Code.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, rules or regulations.