Chapter 78: Smoking and Tobacco Use

As used in this chapter, the following definitions shall apply:

Has the meaning set forth in New York Cannabis Law Section 3, as that section may be amended from time to time.

Means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

OUTDOOR DINING AREA

Means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public and that is designed, established, or regularly used for consuming food or drink.

PERSON

Means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

PUBLIC EVENT AREAS

Means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers' market, parade, fair, concert area or festival.

RECREATIONAL AREA

Means any publicly or privately owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, picnic areas, spectator and concession areas, walking paths, gardens, hiking trails, bike paths, riding trails and skateboard parks.

SMOKE or SMOKING

Means:

Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic;

Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, cannabinoid hemp, or plant product, whether natural or synthetic, intended for inhalation; or

Using an electronic smoking device or hookah.

TOBACCO PRODUCT

Means:

Any product that is made from or derived from tobacco, or that contains nicotine, including synthetic nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, or snuff;

Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

Any component, part, or accessory of A or B, whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

"Tobacco product" does not mean drugs, devices, or combination products authorized for sale and approved by the U.S. Food and Drug Administration for cessation purposes, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

TOBACCO USE

Means the act of smoking or the consumption of any other tobacco product in any form.

§ 78-2 Prohibition of smoking and tobacco use.

Smoking and tobacco use is prohibited in the following places within the City of Cohoes:

(1)

Recreational areas;

(2)

Outdoor dining areas;

(3)

Public event areas; and

(4)

Within 50 feet of all entrances to buildings owned, occupied and/or leased by the City of Cohoes.

Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area.

§ 78-3 Penalties and enforcement.

Any person or persons violating any provision of this chapter shall be subject to a fine as follows:

(1)

A fine of no less than $250 for a first violation.

(2)

A fine of no less than $350 for a second violation within one year of the first violation.

(3)

A fine of no less than $450 for each violation within one year of the second violation.

All police officers, as defined in § 1.20 of the NYS Criminal Procedure Law, are hereby authorized to enforce the requirements of this Chapter 78 and issue court appearance tickets to any and all persons who are acting in violation of same.

Any violation of this chapter is hereby declared to be a public nuisance.

§ 78-4 Statutory construction and severability.

It is the intent of the Common Council of the City of Cohoes to supplement applicable state and federal law and not to duplicate or contradict such law and this chapter shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The Common Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.