[Added 7-17-2007 by Ord. No. 14-2007; amended 7-17-2012 by L.L. No. 8-2012; 4-25-2018 by L.L. No. 10-2018; 7-13-2022 by L.L. No. 14-2022; 3-13-2024 by L.L. No. 6-2024]
A. 
This Legislature hereby finds and determines that human health is seriously threatened by exposure to environmental tobacco smoke (ETC) and that recent findings by the Federal Environmental Protection Agency (EPA) make clear that ETC, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmoking adults.
B. 
This Legislature also finds that the federal Centers for Disease Control (CDC) has found that smoked marijuana delivers tetrahydrocannabinol (THC) and other cannabinoids to the body, but it also delivers harmful substances, including many of the same toxins and carcinogens (cancer-causing chemicals) found in tobacco smoke, which are harmful to the lungs and cardiovascular system.
C. 
This Legislature also finds and determines that although smoking is prohibited in Town facilities and all hospitals located within the Town of Babylon, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Babylon declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by prohibiting smoking and tobacco use by persons at nondesignated areas. The odor from smoking tobacco and marijuana products and litter caused by the improper disposal of used tobacco and marijuana products in public areas can significantly reduce the enjoyment of a healthy and wholesome environment free of smoking-related pollution. By prohibiting smoking at public areas, the Town desires to promote and enhance the healthy and wholesome environment and its safe enjoyment by all individuals, especially children.
D. 
Smoking, tobacco and marijuana use are not prohibited in areas specifically designated and suitably equipped for that purpose. However, the sale of cannabis, cannabis products, flavored vapor products and tobacco products is prohibited or regulated as set forth herein.
As used in this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture salt, derivative, mixture, or preparation of the plant, its seeds or resin.
CANNABIS PRODUCT
Any cannabis, concentrated cannabis, and cannabis-infused product for use by a cannabis consumer.
MARIJUANA USE
Includes smoking of marijuana or marijuana derivatives.
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute or electronic cigarettes, vape pens, vapors, e-liquids, marijuana and marijuana derivatives or other substances and also to carry burning tobacco, tobacco substitute, marijuana or a marijuana derivative in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
A. 
It shall be a violation of this chapter for any person to smoke or carry lighted cigarettes or other smoking devices, including but not limited to cigars, cigarillos, pipes, electronic cigarettes, vape pens, vapors, e-liquids, marijuana or marijuana derivatives or other substances and the like, in Town of Babylon parks, recreation areas, playgrounds, pools, and beaches. Such conduct is prohibited except where conspicuously designated "Smoking Permitted" or otherwise.
B. 
Smoking is prohibited within a fifty-foot radius of all entrances to all Town buildings and facilities located within the Town of Babylon which are either owned or leased by the Town of Babylon and which are designated as accessible by the public.
C. 
The Town further determines and declares that all Town-of-Babylon-owned parks, playgrounds, and recreation areas shall be designated as "Tobacco-Free Zones" and "Marijuana-Free Zones."
D. 
Except as otherwise provided in this code, smoking, tobacco or marijuana use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this article.
No person or entity may sell cannabis or cannabis products without first obtaining a license therefor as required by state and local law, and without complying with the zoning restrictions set forth in Articles XII and XIV of this chapter.
A. 
No person or entity shall sell or offer for sale at retail any flavored vapor product intended or reasonably expected to be used with or for the consumption of nicotine, unless such product has been authorized for marketing by the U.S. Food and Drug Administration.
B. 
For purposes of this section, "flavored" shall mean any vapor product intended or reasonably expect to be used with or for the consumption of nicotine, with a distinguishable aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of such product or a component part thereof, including but not limited to tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, or any concept flavor that imparts a taste or aroma that is distinguishable from tobacco flavor but may not relate to any particular known flavor.
A. 
Any person or entity operating a place of business wherein tobacco products or herbal cigarettes are sold or offered for sale is prohibited from selling such products, herbal cigarettes, rolling papers or pipes to individuals under 21 years of age and shall post, in a conspicuous place, a sign upon which there shall be imprinted the following statement in accordance with the requirements of Chapter 792 of the Suffolk County Code:
SALE OF CIGARETTES, CIGARS, CHEWING TOBACCO, POWDERED TOBACCO, OR OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ROLLING PAPERS OR PIPES TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED UNDER PENALTY OF LAW.
B. 
No person operating a place of business wherein tobacco products or herbal cigarettes are sold or offered for sale shall sell, permit to be sold, offer for sale or display for sale any tobacco product or herbal cigarettes in any manner, unless such products and cigarettes are stored for sale behind a counter in an area accessible only to the personnel of such business or in a locked container.
Any person or entity violating this article shall be guilty of an offense which, upon conviction, is punishable by a fine of not less than $500 and not more than $5,000 or by imprisonment for a period not to exceed six months, or both. Any person or entity found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty of not less than $500 nor more than $2,500. Any person found by the Bureau of Administrative Adjudication to have violated this article by selling more than two pounds of cannabis without first obtaining a license and/or in violation of applicable zoning restrictions shall be subject to a monetary penalty of not less than $1,500 nor more than $5,000.
If any clause, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.