[HISTORY: Adopted by the Board of Trustees of the Village
of Corinth 3-17-2016 by L.L. No.
2-2016[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally designated as Ch.
258, but was redesignated to maintain the alphabetical sequence of
the Code.
It is recognized that tobacco use products cause premature death.
It is further recognized that the majority of tobacco users begin
such use before the age of eighteen. Based thereon, it is recognized
that users of public properties owned and/or maintained by the Village,
including youth and their parents/caregivers, have the right to an
environment free from smoke and tobacco products or the temptations
associated therewith. An additional purpose of this law is to reduce
the proximate exposure of the public, especially children, to the
hazards and annoyance of secondhand tobacco smoke. Furthermore, this
legislation is intended to reduce litter and possible contamination
from discarded cigarette butts in public places.
Pursuant to the New York State Constitution and the General
Municipal Law, the Village of Corinth may adopt and amend laws pertaining
to the protection, conduct, safety, health and well-being of the persons
and property of the Village. Further, the Clean Indoor Air Act adopted
by the New York State Legislature (Public Health Law, Article 3-E,
§ 1399-n et seq.) specifically provides that "[s]moking
may not be permitted where prohibited by any other law, rule, or regulation
of any state agency or political subdivision of the state. Nothing
herein shall be construed to restrict the power of any county, city,
town or village to adopt and enforce additional local laws, ordinances
or regulations which comply with at least the minimum applicable standards
set forth in this article."
As used in this chapter, the following terms shall have the
meanings indicated:
An electronic device that contains cartridges filled with
a combination of nicotine, flavor and chemicals that are turned into
vapor which inhaled by the user, and shall include any refill, cartridge
and any other component of such a device.
To inhale or exhale the smoke of burning tobacco or tobacco
substitute or herbs 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. It also includes the use, or "vaping" of
electronic cigarettes.
Includes smoking and the chewing of tobacco.
All parks, playgrounds and recreation areas owned, leased,
used, operated or maintained by the Village of Corinth, including,
but not limited to, Pagenstetcher Park, Corinth Reservoir Recreation
Area, and the Village Beach.
Tobacco smoking and tobacco use shall be prohibited in all Village-owned
parks, playgrounds and recreation areas.
"Smoking and Tobacco Use Prohibited" signs or the international
"No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed within a red circle with a red bar across
it) shall be clearly, sufficiently and conspicuously posted at each
entrance to all Village-owned parks, playgrounds and recreation areas.
Enforcement of this chapter shall be the responsibility of the
law enforcement officers of Saratoga County, the State of New York,
and/or the Code Enforcement Officer for the Village of Corinth.
A.Â
Any person found to have violated this law may be ejected from Village
property.
B.Â
Any person who shall violate any provision of the law shall be guilty
of a violation punishable by a fine not to exceed $250 or imprisonment
of not more than 15 days, or both; provided, however, that for the
purpose of conferring jurisdiction upon courts and judicial officers
generally, such violation shall be deemed a misdemeanor and for such
purpose, only all provisions of law relating to misdemeanors shall
apply to such violation.
If, for any reason, any word, clause, paragraph or section of
this law shall be held to make the same unconstitutional, this law
shall not be hereby invalidated and the remainder of this law shall
continue in effect.
This law shall become effective upon filing in the office of
the New York Secretary of State.
