[HISTORY: Adopted by the Council of the City of New Rochelle 11-18-1997 by Ord. No. 253-1997. Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Youth Protection Against Tobacco Advertising Code."
Retail dealers of tobacco products are prohibited from selling tobacco products to persons under the age of 18 pursuant to § 1399-c of the Public Health Law of the State of New York. In furtherance of the goals and objectives of such prohibition, the City Council of the City of New Rochelle wishes to decrease the exposure of minors to outdoor stimuli that encourage them to purchase tobacco products, thereby decreasing the number of illegal sales of tobacco products to and discouraging the consumption of tobacco products by minors.
The purpose of this chapter shall be to minimize the impact of advertising on persons under the age 18 by prohibiting the placement and maintenance of outdoor tobacco advertising within 1,000 feet of institutions serving minors. At the same time, advertising to tobacco products shall be permitted in retail premises which possess a certificate of registration to sell tobacco products under § 480-a of the Tax Law of the State of New York, in order that the rights and abilities of tobacco manufacturers to advertise and of adults to purchase tobacco products shall not be unduly impaired.
For the purpose of this chapter, the following terms shall be defined as follows:
- CHILD DAY-CARE CENTER
- Any public, private or parochial child care center, school-age child-care program, day nursery school, kindergarten, play school or other similar school or service, and any child day-care center as defined in § 390 of the New York State Social Services Law. The definition of child day-care center applies whether or not care is given for compensation, but does not include child day-care centers located in private residences and multiple dwelling units.
- CHILDREN'S INSTITUTION
- Any public, private or parochial congregate institution, group residence, group home or other place where, for compensation or otherwise, seven or more children under eighteen years of age are received for day and night care apart from their parents or guardians, youth centers or facilities for detention as defined in §§ 527 and 502 of the New York State Executive Law, group homes for children as defined in § 371 of the New York State Social Services Law, private institutions for children as defined in § 371 of the New York State Social Services law and residential treatment facilities for children and youth as defined in § 1.0 of the New York State Mental Hygiene Law. The term children's institution shall not include children's institutions located in private residences and multiple dwelling units.
- Any product which is intended to be burned under normal conditions of use and consists of:
- A. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
- B. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler or its packaging and labelling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection A above.
- CIGARETTE TOBACCO
- Any product that consists of loose tobacco and is intended for use by consumers in a cigarette.
- MULTIPLE DWELLING UNIT
- Any unit of residential accommodation in a multiple dwelling containing the residence or home of three or more families living independently of each other.
- OUTDOOR PUBLICLY VISIBLE LOCATION
- Any outdoor location visible to the public, including but not limited to outdoor billboards, roofs and sides of buildings, water towers and freestanding signboards. The term "publicly visible location" shall not include any location intended to be visible only by those inside a premises, a private residence and any doors or windows of a multiple dwelling unit.
- Any natural person, partnership, corporation, government agency, association or other legal entity.
- An outdoor premises or grounds under the control of or operated by or on behalf of the City School District, the Department of Parks and Recreation or any public, private or parochial school, or any child day care center, which contains any device, structure or implement, fixed or portable, used or intended to be used by persons under the age of eighteen for recreational or athletic purposes, including but not limited to play equipment such as a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool, obstacle course, swimming pool, see-saw, baseball diamond, athletic field or basketball court.
- PRIVATE RESIDENCE
- Any building or structure designed and occupied for residential purposes by not more than two families, including the grounds of such building or structure.
- SCHOOL PREMISES
- The buildings, grounds or facilities, or any portion thereof, owned, occupied by or under the custody or control of public, private or parochial institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.
- SMOKELESS TOBACCO
- Any product that consists of cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity.
- TOBACCO PRODUCT
- Cigarettes, smokeless tobacco and cigarette tobacco.
- TOBACCO PRODUCT ADVERTISEMENT
- Any words, pictures, posters, placards, signs, photographs, symbols, devices, graphic displays or visual images of any kind, or any combination thereof, the purpose or effect of which is to promote the use or sale of a tobacco product including through the identification of a brand of a tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product.
- YOUTH CENTER
- Any designated indoor facility, other than a private residence or a multiple dwelling unit, of a local chapter of a nationally-recognized youth organization such as Boys and Girls Clubs and YMCA's.
It shall be unlawful for any person to place, cause to be placed or to maintain a tobacco product advertisement in any outdoor publicly visible location on or within 1,000 feet of the perimeter of any child day-care center, children's institution, playground, school premises or youth center.
This section shall not apply to any tobacco product advertisement on a motor vehicle.
The owner, operator or lessee of any location or premises where a tobacco advertisement is prohibited or restricted pursuant to the requirements of § 328-4 of this chapter shall have 30 days from the effective date of this chapter to remove any noncompliant tobacco advertisements.
The Bureau of Buildings shall enforce the provisions of this chapter.
Any person found to be in violation of this chapter shall be punishable by a fine of not more than $250 for each and every day such violation exists and continues.
Whenever any person has engaged in any acts or practices which constitute a violation of any provisions of this chapter or of any rule promulgated thereunder, the city may make application to a court of competent jurisdiction for an order enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices.