[HISTORY: Adopted by the Board Trustees of the Village of
Baxter Estates 9-1-2021 by L.L. No. 3-2021. Amendments noted where
applicable.]
This chapter is enacted for the purpose of preserving and improving
the health, comfort and environment of Village residents by limiting
their exposure to potentially dangerous substances and chemicals emitted
from smoking and vaping.
As used in this chapter, the following words shall have the
meanings indicated:
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance, including, but not limited to, any illegal matter
or substance, or any matter or substance which contains tobacco or
cannabis as defined in § 222.00 of the New York State Penal
Law, or cannabinoid hemp as defined in § 3 of the New York
State Cannabis Law.
The use of an electronic cigarette.
An electronic device that delivers vapor which is inhaled
by an individual user, and shall include any refill, cartridge and
any other component of such a device.
Smoking and vaping shall not be permitted and no person shall
smoke or vape in the following areas within the Village of Baxter
Estates:
A.
Any public sidewalk;
B.
Any public street;
C.
Within any building or facility owned or operated by the Village
of Baxter Estates;
D.
Any park, field, playground, or meeting area, owned or operated by
the Village of Baxter Estates; and
E.
Any other public space owned or operated by the Village of Baxter
Estates.
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine up to but
not more than $250, or imprisonment for a period not to exceed 15
days, or both such fine and imprisonment; for a conviction of a second
offense, both of which were committed within a period of five years,
by a fine not less than $250, nor more than $500, or imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment;
and for a conviction of a third or subsequent offense, all of which
were committed within a period of five years, by a fine not less than
$500, nor more than $1,000, or imprisonment for a period not to exceed
15 days, or both such fine and imprisonment. Each day that a violation
occurs or continues shall be deemed a separate and distinct violation
hereunder.
