Town of Wappinger, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wappinger 8-16-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Drug-free school zones — See Ch. 108.

§ 201-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
TOWN-OWNED BUILDING
Any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Wappinger or any of its departments, and used for the conduct of public business, including but not limited to the Town Hall, the Emergency Services Building, the Highway Department Buildings, and any buildings, structures or enclosed areas located at any Town-owned park, recreation area, playground, including, but not limited to, all buildings located at the Carnwarth Estate, Schlathaus Park, Pye Lane recreation areas and tennis courts, Robinson Lane recreation areas, etc.
TOWN-OWNED PARKS, RECREATION AREAS OR PLAYGROUNDS
Includes all parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Wappinger, or the Town of Wappinger Recreation Committee, including but not limited to the Robinson Lane Recreation Fields, the Pye Lane Recreation Facilities, Schlathaus Park, Airport Drive Recreation Field, Quiet Acres Recreation Field, Castle Point Recreation Park, etc.
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute 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.

§ 201-2 Smoking and tobacco use prohibited.

A. 
Tobacco smoking and tobacco use shall be prohibited in all Town-owned motor vehicles, trucks, motor equipment and buildings, owned, leased, used, operated or maintained by the Town of Wappinger or any department of the Town of Wappinger without exception.
[Amended 6-24-2013 by L.L. No. 11-2013]
B. 
Tobacco smoking and tobacco use shall also be prohibited within 20 feet of any Town-owned building not located in a park, recreation area or playground such as the Town Hall, the Emergency Services Building, the Highway Department buildings or the buildings at the Carnwath Estate in the area not covered by the preservation covenant.
C. 
Tobacco smoking and tobacco use shall be prohibited in all Town-owned parks, playgrounds, and recreation areas.
D. 
The Town Board further determines and declares that all Town-owned parks, playgrounds and recreation areas shall be designated as "Tobacco-Free Zones."

§ 201-3 Posting of "smoking and tobacco use prohibited" signs.

A. 
"Smoking and tobacco use prohibited" 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 any Town-owned building or facility where smoking is prohibited, including all Town-owned or leased buildings and at all Town-owned public parks, public playgrounds and public recreation areas.
B. 
"Tobacco-free zone" signs shall also be posted at the entrances to each Town-owned park, recreation area and playground.

§ 201-4 Enforcement.

This chapter shall be enforced by the Code Enforcement Officers of the Town of Wappinger, any police agency having jurisdiction in the Town of Wappinger including, but not limited to, the New York State Police or the Dutchess County Sheriff.

§ 201-5 Penalties for offenses.

A. 
It is a violation for any person to smoke or use tobacco in any area where smoking is prohibited by the provisions of this chapter.
B. 
Any person who is convicted of violating any provision of this chapter shall be subject to a civil fine not to exceed $200 per violation.