[HISTORY: Adopted by the Town Board of the Town of Southampton 6-29-2022 by L.L. No. 15-2022. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
DESIGNATED NONSMOKING AREA
A. 
Includes all areas owned and operated by the Town of Southampton as follows:
(1) 
Within 500 feet of a "No Smoking" sign posted on Town property.
(2) 
Within 500 feet in any direction of any lifeguard stand or roped area of protection during the hours of lifeguard protection at all Town beaches.
(3) 
Boardwalks and common walkways on and leading to Town beaches.
(4) 
Within 500 feet in any direction of any playground, athletic field, or sports court, including all bleachers.
(5) 
Within 500 feet in any direction of beach pavilions at Ponquogue Beach, Tiana Beach, and Sagg Main Beach.
(6) 
Within 500 feet of beach comfort stations at Pike's Beach, Flying Point Beach, Mecox Beach, Scott Cameron Beach, Foster Memorial (Long) Beach, and William Swann (Hot Dog) Beach.
(7) 
Within Tiana Bayside Recreational Facility, North Sea Community Park, Good Ground Park, Red Creek Park, East Quogue Village Green, Hampton West Park, Ludlam Avenue Park, Iron Point Park, Wildwood Lake Park, Shinnecock Canal Maritime Park.
B. 
In no case shall this subsection be construed as including property containing single-family or two-family residences when utilized by the lawful occupants and their invitees or guests.
SMOKE
The combustion of any cigar, cigarette, tobacco, marijuana, herbal cigarettes, or any similar article or any other combustible substance in any manner.
VAPE
Any form or the heating or ignition of an e-cigarette, vape, vape pen, electronic cigarettes or other instrument which creates or discharges a vapor.
No person shall smoke or vape any tobacco product, marijuana product, or herbal product, carry lighted cigarettes, cigars and/or cigarillos, or use pipes, electronic cigarettes, or discharge vape pens, vapors, e-liquids, or other smoking instruments within a designated nonsmoking area as defined within § 90-1.
A. 
Any person violating this chapter shall be subject to a penalty no greater than $250. In lieu of a fine, a judge may allow for community service not to exceed 24 hours. Any violation of this section shall be a violation level offense.
B. 
Anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of $100. The blight mitigation surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction.
C. 
Each day or part of a day on which a violation continues shall constitute a separate violation.