[HISTORY: Adopted by the Common Council of the City of Peekskill 11-8-2021 by L.L. No. 10-2021. Amendments noted where applicable.]
A.
Pursuant to the New York State Constitution, the City Council of
the City of Peekskill may adopt and amend laws pertaining to the protection,
conduct, safety, health and well-being of the persons and property
in the City.
B.
The Clean Indoor Air Act, adopted by the New York State Legislature
as Public Health Law, Article 13-E, § 1399-n et seq., addresses
indoor smoking only and specifically provides that "nothing herein
shall be construed to restrict the right of any county, city, town,
or village to adopt and enforce additional local law, 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:
Persons under the age of 18 years.
Any electronic device composed of a mouthpiece, heating element,
battery and electronic circuits that provides a vapor of liquid nicotine,
and/or other substances mixed with propylene glycol to the user as
he or she simulates smoking. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
Any product containing marijuana, which can also be called
cannabis, the dried flowers and leaves of the cannabis plant as well
as compounds like tetrahydrocannabinol, or THC, compounds like cannabidiol,
or CBD including but not limited to joints, cigarettes, cigars, snuff,
and electronic cigarette cartridges, whether packaged or not; any
packaging that indicates it might contain any substance containing
marijuana; or any object utilized for the purpose of smoking or inhaling
marijuana products.
An activity consisting of the provision of facilities that
are available to members of the public (with or without payment) for
eating and/or drinking in an area that is not fully enclosed by a
permanent structure (walls, roof, etc.).
An area that is not fully enclosed and that is designated
for recreational purposes or activities.
A structure that is at least partially unenclosed (for example,
with open sides) and that is intended for public use.
Written permission for an activity proposed to be conducted
on property of the City of Peekskill, including any conditions placed
upon such permission, issued and signed by the appropriate regulatory
authority of the City.
An outdoor recreation area that is designed and intended
for use by children and for the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
(such as baseball, football or soccer) and for the purposes of this
chapter, a playing field that is fenced or the outside perimeter of
which is otherwise physically demarcated shall be deemed to include
all of the area inside such fence or demarcation, together with any
bleachers or other, designated viewing area; a playing field that
is not fenced or otherwise demarcated (as to its outside perimeter)
shall be deemed to include all of the area customarily required for
playing the game for which it is being used, together with any bleachers
or other designated viewing area.
The emission produced by the burning of a tobacco product
or tobacco-related product, a marijuana product or marijuana related
product, or the heating of an e-cigarette which creates a vapor.
The burning of a tobacco product or tobacco-related product,
a marijuana product or marijuana-related product, or the heating or
ignition of an e-cigarette which creates a vapor.
Any manufactured product containing tobacco or nicotine,
including but not limited to cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco dipping tobacco, bidis, snus, shisha, powdered and/or
dissolvable tobacco products, liquid nicotine and electronic cigarette
cartridges, whether packaged or not; any packaging that indicates
it might contain any substance containing tobacco or nicotine; or
any object utilized for the purpose of smoking or inhaling tobacco
or nicotine products. However, "tobacco product or tobacco related
product" does not include any product that has been approved by the
U.S. Food and Drug Administration, pursuant to its authority over
drugs and devices, for sale as a tobacco use cessation product or
for other medical purposes and is being marketed and sold solely for
that approved purpose.
Smoking shall not be permitted and no person shall smoke in
the following outdoor areas:
A.
Smoking shall be prohibited in the following City parks:
(1)
Riverfront Green Park, including the area bounded by Annsville Park
to the north, Charles Point Park to the south, the Hudson River to
the west and the Metro North railway to the east, as shown on the
City of Peekskill Tax Map as including the following areas: 33.37-5-14,
32.12-1-1, 33.12-1-4, and 32.16-1-9, including sections known as Peekskill
Landing as shown in the City of Peekskill Tap Maps as including the
following areas: 32.8-6-1.1 and 32.8-6-1.2.
(2)
Depew Park, including the Veteran's Memorial Pool, preschool
building, sports fields, and courts including, but not limited to,
the Depew Park football field, tennis courts, basketball courts, horseshoe
pits, and trails throughout the park. The park is the area bounded
by Depew Court to the west, Hudson Ave to the north, and Blue Mountain
Park to the east and south, as shown on the City of Peekskill Tax
Map as 33.13-18-2.
(3)
Franklin Park, the area between Franklin St on the north, Simpson
Place to the west, Roosevelt Ave to the South, and Smith St to the
east, as shown on the tax map of the City of Peekskill as 32.16-15-1.
(4)
McKinley Park Playground, the area bounded by Welcher Ave to the
south, McKinley St to the east, Plumbers, Steamfitters Local 21 property
to the north and private residence at 42 Welcher Ave to the west.
(5)
Charles Point Park, the area bounded by Wheelabrator Westchester
to the south, the Hudson River to the west, John Walsh Blvd to the
east and the Riverfront Green Park to the north as shown on the City
of Peekskill Tax Map as 32.15-1-3.
(6)
Lepore Park, the area bounded by Main St to the south, Hadden St
to the west, Oakside Elementary School to the north, and Decatur Ave
to the east, as shown on the City of Peekskill Tax Map as 33.29-7-1.
(7)
Pugsley Park, the area between and bounded by Main St to the south,
Howard St to the north, United Methodist Church to the east, and Car
Quest Auto Parts and St Peter's Church to the west, as shown
on the City of Peekskill Tax Map as 33.22-7-12
(8)
Fort Hill Park, the area located between Decatur St to the east,
and Paulding St to the south, as shown on the City of Peekskill Tax
Map as 22.20-2-2.
(9)
Monument Park, the area bounded by North Division St to the east,
Highland Ave to the west, and Orchard St to the north, as shown on
the City of Peekskill Tax Map as 33.22-1-1.
(10)
Tompkins Park, including the dog park, Little League fields,
and playground. The park is the area located between E. Main St to
the north, Mallard Way to the east, Park St and the Stonegate Apartments
to the south, and Family Dollar Shopping Center to the west, as shown
on the City of Peekskill Tax Map as 33.7-1-1.
(11)
Sherman Park, the area bounded on the north by S. Division St,
to the west by 2nd Ave, the east by Freemont
St, and by the walkway to the south, as shown on the City of Peekskill
Tax Map as 33.37-5-14.
(12)
The Peekskill Stadium, the area bounded by Louisa St to the
south, the City of Peekskill Public Works Garage to the east, Metro
North train tracks to the west, and Riverbend Condominiums to the
north as shown on the City of Peekskill Tax Map as 32.16-17-2.
(13)
Hudson River Walkway that extends from Annsville Park through
the Riverfront Green Park and Charles Point Park behind Wheelabrator
Westchester and finishes at Lents Cove.
(14)
Annsville Park bounded by the Hudson River to the west, Annsville
Creek to the north, Rt. 9 to south and finishes under the Annsville
Circle Bridge as shown on the City of Peekskill Tax Maps as 32.11-1-1
and 33.37-5-14.
Any person found to be in violation of any provision of this
chapter by smoking in an area where outdoor smoking is hereby prohibited
shall be guilty, upon conviction, of an offense punishable by a fine
of not less than $50 for the first violation; not more than $100 for
a second violation; and not more than $250 for the third and each
subsequent violation. Each day on which a violation occurs shall be
considered a separate and distinct violation.
The provisions of this chapter are declared to be severable,
and if any section or subsection of this chapter is held to be invalid,
such invalidity shall not affect the other provisions of this chapter
that can be given effect without the invalidated provision.
