The Town Board of the Town of Islip finds that smoking and the
use of tobacco in the Town of Islip public buildings and parks have
the potential for creating a serious health hazard for employees of
the Town of Islip and the citizens of the Town of Islip who visit
and utilize Town buildings, grounds, beaches, parks and recreation
areas. 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 Islip, it is necessary to restrict the acts
of smoking and tobacco and cannabis use in and around Town-owned buildings,
beaches, parks, recreation areas and playgrounds. In addition, to
further protect the public health, safety, and welfare, the Town prohibits
the act of smoking tobacco and cannabis at Town-sponsored and co-sponsored
events and events requiring a permit except in areas designated and
approved by the Town and conspicuously designated "Smoking Permitted."
This provision does not address nor is it intended to prohibit certified
medical marijuana consumption in an ingestible and nonsmoking form
by a certified patient.
As used in this chapter, the following terms shall have the
meanings as indicated below:
CANNABIS or CANNABIS-RELATED PRODUCT
Any product containing marijuana, THC or CBD in any form or as the term is defined by Chapter
7-
A of the New York State Consolidated Laws or the New York State Cannabis Law.
CHILDREN
Persons under the age of 18 years.
E-CIGARETTE or VAPE
Any electronic device composed of a mouthpiece, heating element,
battery and/or other electronic circuit that provides a vapor of liquid
nicotine, cannabis product and/or other substance that is sometimes
mixed with propylene glycol by the user as they simulate smoking.
This term shall include all such devices whether they are manufactured
as e -Cigarettes, e -cigars, e -pipes, and vapes or under any other
product name.
MARINA
Any facility for the berthing of all types of recreational
watercraft, providing secure moorings, or offering fishing stations,
and designated as a Town of Islip marina.
PARK
Any outdoor recreation area, playground, playing field, pavilion
or open space that has been designated for recreational purposes or
activities. All parking areas and lots within such parks shall be
included for purposes of this chapter.
PAVILION
A structure that is at least partially unenclosed and that
is intended for public use.
PLAYGROUND
An outdoor recreation area that is designed and intended
for use by children and for the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
and/or sports and for the purposes of this chapter, a playing field
that is fenced or the outside perimeter of which is otherwise physically
demarcated shall be deemed to include all of the area inside such
fence or demarcation, together with any bleachers or other designated
viewing area; a playing field that is not fenced or otherwise demarcated
(as to its outside perimeter) shall be deemed to include all of the
area customarily required for playing the game or sport for which
it is being used, together with any bleacher sand other designated
viewing area.
SMOKE
The emission produced by the burning of a tobacco product
or tobacco-related product, cannabis product or cannabis-related product
or the heating of an e-cigarette which creates a vapor.
SMOKING
The inhaling, exhaling, burning, vaping or carrying of any
lighted or heated cigar, cigarette, pipe, or any other lighted or
heated tobacco, nicotine, or plant product, including cannabis, intended
for inhalation, in any manner or in any form.
TOBACCO or TOBACCO-RELATED PRODUCT
Any manufactured product containing tobacco, or nicotine,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powered and/or
dissolvable tobacco projects, liquid nicotine and electronic cigarette
cartridges, whether packaged or not; any packaging that indicates
it might contain any substance containing tobacco or nicotine; or
any object utilized for the purpose of smoking or inhaling tobacco
or nicotine products.
TOWN-OWNED BEACHES, PARKS AND PLAYGROUNDS
Includes, but is not limited to, all beaches, parks, playgrounds
and recreation areas owned, leased, used, operated and maintained
by the Town of Islip. All parking areas and lots within such beaches,
parks, playgrounds and recreation areas shall be included for purposes
of this chapter.
TOWN-OWNED BUILDING
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Islip or any of its departments and
used for the conduct of public business, and any building, structures
or enclosed areas located at any Town-owned park, recreation area
or playground. All parking areas and lots adjacent to such buildings,
structures, or enclosed outdoor areas shall be included for purposes
of this chapter. This term also includes Town-owned vehicles.
The provisions of this chapter are declared severable, and if
any section or subsection of this chapter is held to be invalid, such
invalidity shall not affect the other provisions of this chapter that
can be given effect without the invalidated provision.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.