[Adopted 7-21-2015 by L.L. No. 3-2015]
A. 
The purpose of this article is to establish a tobacco/smoke-free policy for all Town of Niagara parks and playgrounds, in the interest of providing a safe, healthy environment and protection for both employees and the public from the dangers of tobacco use, as well as secondhand smoke, which has been proven to cause cancer and respiratory disease.
B. 
This policy will institute guidelines that will support the Town of Niagara's effort to comply with current New York State law (established October 10, 2013), prohibiting smoking at all parks and playgrounds between sunrise and sunset when one or more children under the age of 12 are present. This policy set forth below will become effective on July 1, 2015.
Persons affected or covered by this article: all individuals affiliated with the Town of Niagara or using or present in Town parks and playgrounds, including employees, volunteers, medical staff, students, guests, visitors, clients, caretakers, family members and vendors.
This article recognizes that the Town of Niagara, as the owner of the Town parks and playgrounds, has the legal right to eliminate smoking entirely on its property or to limit smoking to designated outdoor areas.
A. 
This article recognizes that the Town of Niagara, as the owner of the Town parks and playgrounds, has the legal right to eliminate smoking entirely on its property or to limit smoking to designated outdoor areas.
B. 
Outdoor and indoor smoking restrictions. Outdoor smoking and/or tobacco use is prohibited at all Town parks, Town recreation buildings, playgrounds, athletic fields, picnic areas and camp grounds based as described above.
C. 
Disposing of smoking refuse. Smoking-related refuse, such as cigarette butts, burnt tobacco, etc., are to be disposed of in ash urns or other containers specifically designated for such disposal. Smoking refuse is not to be disposed of in trashcans.
Visitors, clients, customers or other persons using or present in Town parks may be asked to refrain from smoking activities and may be asked to voluntarily comply with the Town's clean air policy for Town parks and playgrounds.
Any person committing an offense against any provision of this article shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.