[Adopted 2-5-2002 by L.L. No. 6-2002]
A. 
The Putnam County Legislature hereby finds as follows:
(1) 
Significant health risks have been determined to be attributable to exposure to environmental tobacco smoke (ETS), including lung cancer, heart disease, respiratory infection and decreased respiratory function; and
(2) 
According to the United States Environmental Protection Agency (EPA) ETS, also known as "secondhand smoke," has been proven to be carcinogenic and has been designated a Group A (known human) carcinogen responsible for 3,000 lung cancer deaths each year in nonsmoking adults; and
(3) 
The EPA also concludes the ETS causes other significant health problems in adults and children, including increasing the risks of respiratory and middle ear disease and contributing to an estimated 150,000 to 300,000 cases of bronchitis and pneumonia in infants and young children each year; and
(4) 
Exposure to ETS significantly worsens the condition of up to 1,000,000 asthmatic children and contributes to an estimated 26,000 new cases of asthma each year; and
(5) 
Involuntary exposure to ETS presents a substantial and serious health risk to the residents and workers of Putnam County.
B. 
Therefore, the Putnam County Legislature declares the intent and purpose of this article is to preserve and improve the public health by prohibiting smoking in public places and places of employment and guarantee the right of nonsmokers to inhale smoke-free air and recognize the priority to breathe smoke-free air over the desire to smoke.
C. 
Unless otherwise noted, Article 13-E of the New York State Public Health Law applies.
As used in this article, the following terms shall have the meanings indicated:
BAR AND TAVERN
Any establishment open to the public, devoted to the sale and service of alcoholic beverages for on-premises consumption, where the service of food is merely incidental to the operation of the business, and for which the sale of food for on-premises consumption does not exceed 40% of annual gross sales. Any bar or tavern that generates 40% or more of total annual gross sales from the sale of food for on-premises consumption shall be a food service establishment.
BAR AREA
An area of a restaurant or other facility within a maximum of 15 feet of the physical bar where patrons purchase and consume alcoholic beverages.
BILLIARDS/POOL HALL
An establishment of any kind where the playing of billiards/pool as a public place of business is for profit. The establishment must have two or more billiard/pool tables, and the tables must generate 51% of the gross receipts of the establishment. However, if the billiard/pool tables do not generate 51% of the gross revenues, but the establishment has a valid New York State Liquor Authority Tavern Wine License and meets the criteria as set forth in the definition of "bar and tavern" in § 203-2 of this Code, the establishment shall be considered, a "bar-tavern" as defined in this code.
[Added 12-30-2002 by L.L. No. 2-2003]
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation or other business entity whether for profit or not-for-profit, including retail establishments where goods or services are sold as well as professional corporations, social agencies and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
DINING AREA
Any indoor area in a restaurant where people dine, except the bar area of a restaurant with a bar.
EMPLOYEE
Any person who is employed by any employer for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
EMPLOYER
Any person, partnership, corporation, including a municipal corporation, or nonprofit entity that employs the services of one or more individual persons.
PLACE OF EMPLOYMENT
Any indoor area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges and restrooms, conference and classrooms, vehicles, employee cafeterias, and hallways.
PRIVATE SOCIAL FUNCTION
Any weddings, parties, testimonial dinners, or other similar gatherings in which the seating and/or eating arrangements are under the control of the organizer or sponsor of the event and not the person who owns, manages, operates, or otherwise controls the use of the place in which the function is held.
PUBLIC PLACE
Any indoor area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, lobbies, elevators, stairwells, waiting rooms and places of worship. Areas in a private residence, which constitute common areas of a multiple dwelling, are public places within the meaning of this regulation.
RESTAURANT
Any indoor area of a coffee shop, cafeteria, sandwich shop or private or public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
SEPARATE SMOKING ROOM
An enclosed room in which smoking and dining is permitted and to which minors under 18 years of age are denied access. Such room shall:
A. 
Be clearly designated as a separate smoking room;
B. 
Be completely enclosed on all sides by floor-to-ceiling walls, interior doors and/or windows which must remain closed. The room must be provided with self-closing floor-to-ceiling doors, which shall remain closed except for the purpose of entry and exit or the room must be negatively pressurized to prevent the escape of smoke to the smoke-free areas of the establishment. All enclosures, doors and windows must comply with applicable state building and fire codes. A permit from the Town/Village Building Inspector meeting requirements of the state building construction code is required;
C. 
Contain adequate means of extinguishing fires consistent with applicable state codes; and
D. 
Have a ventilation system whereby the air from the enclosed room is immediately exhausted to the outside in such a way as to prevent the reintroduction of smoke into the building and must prevent back streaming of smoke into smoke-free areas. Such room may not be the sole entry area to or exit area from the facility, nor the sole waiting area for the facility. Such room also may not exceed 30% of the seating capacity of the facility.
SERVICE LINE
Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
SMOKING
To inhale or exhale the smoke of burning tobacco or any form of tobacco substitute, or the vapor of an electronic smoking device, and also to carry burning tobacco or tobacco substitute, in the form of a cigarette, electronic cigarette, cigar, pipe, or any other smoke- or vapor-producing device.
[Amended 5-5-2015 by L.L. No. 6-2015]
SPORTS ARENA
Any indoor sports pavilion, including concourses, a gymnasium, health spa, boxing arena, swimming pool, roller or ice skating rink, and other similar places. This term also applies to places where the general public assembles either to engage in physical exercise, participate in athletic or recreational activity, to witness sports, cultural, recreational or similar activities.
TOBACCO BUSINESS
Shall be defined as set forth in Article 13-E of the Public Health Law of the State of New York.
A. 
Smoking shall be prohibited in all indoor public places within the County, unless otherwise provided by this regulation, including but not limited to the following places:
(1) 
Elevators.
(2) 
Buses, taxicabs, and other means of public transit, and ticket, boarding, and indoor waiting areas of public depots.
(3) 
Public restrooms.
(4) 
Service lines.
(5) 
Retail stores.
(6) 
All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to professional and other offices, banks, laundromats, hotels and motels.
(7) 
Aquariums, galleries, libraries, and museums.
(8) 
Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance.
(9) 
Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including joint committees, or agencies of the County or any political subdivision of the County.
(10) 
Hospitals, clinics, physical therapy facilities, doctors' offices, dentists' offices and any other health facility.
(11) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential and commercial facilities.
(12) 
Polling places.
(13) 
Places of worship.
(14) 
Dining areas of private clubs when open to the public.
(15) 
Private and public schools.
B. 
All public places must provide a smoke-free environment; however, smoking may be permitted, with certain limitations as provided in various sections of this regulation, including, but not limited to, separate smoking rooms or in the following areas and locations:
(1) 
Restaurants with bars: Dining areas shall be smoke free. Smoking may be allowed within bar areas, provided the bar area is not the sole patron waiting area, is separated from the dining area by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke from the bar area does not enter other areas in the facility, including the dining area. Partitions, including egress doors, must comply with requirements of the New York State Fire Prevention and Building Code. A separate smoking room may be provided.
(2) 
Restaurants without bars: Dining areas shall be smoke free. A separate smoking room may be provided.
(3) 
Sports arenas: Indoor facilities shall be smoke free. Separate smoking rooms may be provided.
(4) 
Bingo halls: Bingo halls shall be smoke free. Smoking may be allowed within bar areas, provided the bar area is not the sole patron waiting area, is separated from all other areas by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke from the bar area does not enter other areas in the facility. A separate smoking room may be provided.
(5) 
Pool halls: Pool halls shall be smoke free. Smoking may be allowed within bar areas, provided the bar area is not the sole patron waiting area, is separated from all other areas by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke from the bar area does not enter other areas in the facility. A separate smoking room may be provided.
(6) 
Bowling centers: Bowling centers shall be smoke free. Smoking may be allowed within bar areas, provided the bar area is not the sole patron waiting area, is separated from all other areas by a floor-to-ceiling partition and is ventilated such that secondhand tobacco smoke from the bar area does not enter other areas in the facility. A separate smoking room may be provided.
(7) 
Convention centers: Convention centers shall be smoke free. A separate smoking room may be provided.
(8) 
Bars and taverns: Smoking may be permitted. Proper ventilation is encouraged to reduce exposure to secondhand tobacco smoke. Minors under the age of 18 are not permitted in a bar or tavern as defined by this code unless accompanied by a parent, guardian or an adult authorized by a parent or guardian.
C. 
Smoking shall be prohibited within a distance of 30 feet outside of every entrance to all facilities owned or leased by the County.
[Added 9-1-2007 by L.L. No. 2-2007]
D. 
Smoking shall be prohibited on all public beaches and open fields which are owned or leased by the County.
[Added 6-3-2008 by L.L. No. 17-2008]
Whenever smoking is permitted under the terms of this article, including but not limited to a separate smoking room, minors (patrons and/or employees) under 18 years of age shall not be permitted in these areas. Entrances to these areas shall be prominently posted with a sign which reads: "Due to recognized health risks to children from secondhand smoke and current Health Department regulations, we cannot allow minors under the age of 18 into this room." The Putnam County Health Department shall provide such signs.
A. 
It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
B. 
Within 90 days of the effective date of this article, each employer having any enclosed place of employment located within the County shall adopt, implement, make known, and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
C. 
The smoking policy shall be communicated to all employees at least three weeks prior to its adoption. Employers shall prominently post the smoking policy in the workplace and supply a written copy upon request to any existing or prospective employee.
D. 
This section shall not prohibit smoking in separate smoking rooms as defined in this article. Any employee working in a separate smoking room or a smoking area in a bar/tavern must sign an acknowledgment, which is provided by the employer upon hiring, that they will be working in a smoking area and they are aware of the negative health effects of secondhand tobacco smoke. Employees under the age of 18 are prohibited from working in smoking areas.
Notwithstanding any other provision of this regulation to the contrary, the following shall not be subject to the smoking restrictions contained in this regulation.
A. 
Private residences.
B. 
Private vehicles.
C. 
Tobacco businesses.
D. 
Private social functions.
E. 
Outdoor areas, except as provided otherwise by Article 13-E of the New York State Public Health Law and § 203-4 of this chapter.
[Amended 9-1-2007 by L.L. No. 2-2007]
F. 
Bars and taverns.
A. 
"No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted at each entrance to every building or other facility where smoking is prohibited. The Putnam County Health Department shall provide such signs.
B. 
"Smoking Permitted in Designated Areas Only" signs shall be clearly, sufficiently, and conspicuously posted at each entrance to every building or other facility where smoking is permitted. The Putnam County Health Department shall provide such signs.
C. 
"Designated Smoking Area" signs shall be clearly, sufficiently, and conspicuously posted in each area where smoking is permitted under the terms of this article. The Putnam County Health Department shall provide such signs.
D. 
The owner, operator or manager of a hotel or motel must post a notice at the reception area of the establishment as to the availability, upon request, of smoking or nonsmoking rooms. The entry door and interior of all rooms must be properly posted.
E. 
Protection of minors signage must be posted as stated in § 203-5 of this article.
A. 
The owner, manager or operator of any establishment regulated by this article shall be responsible for configuring and constructing said establishment within the confines of this article, including the provision of any necessary ventilation. The owner, manager or operator shall also be required to inform persons violating this article of the appropriate provisions hereof.
B. 
Any citizen may register a complaint under this article to the Putnam County Health Department.
C. 
The Putnam County Health Department shall be charged with enforcement of this article. The Public Health Director or his representative is authorized to issue all notices, orders and other processes that may be necessary in the enforcement of this article.
D. 
Upon written notice of a violation of any provision of this article, the Public Health Director shall cause a hearing to be held in accordance with this code.
Smoking rooms and bar areas where smoking is permitted shall be served by a properly operated and maintained ventilation system that exhausts to the outside of the building. The smoking room must have self-closing floor-to-ceiling doors that are in compliance with state codes or be negatively pressurized in such a way as to prevent the escape of smoke to the smoke-free areas. Bar areas where smoking is permitted must be negatively pressurized in such a way as to prevent the escape of smoke to the smoke-free areas.
A. 
It shall be a violation for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions.
B. 
It shall be a violation for any person to smoke in any area where smoking is prohibited by the provisions of this article.
C. 
Any person who violates any provision of this article shall be guilty of a violation punishable by a fine not to exceed $1,000 per violation.
A written request for a waiver from provisions of this article may be submitted to the Public Health Director. Such request shall indicate justification that circumstances exist that are beyond control and granting such a waiver will not endanger public health. The granting or denying of such waiver is the sole decision of the Public Health Director. All requirements of Public Health Law § 1399-u apply.
A. 
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this article.
B. 
This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
If any provision, clause, sentence, or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the remaining provisions of this article are declared to be valid.
Nothing in this article shall be construed to create a cause of action by one person against another person for violation of any provision of this article.