Personnel policies — See Ch. 50.
§ 71-3Posting of policy.
§ 71-5Penalties for offenses.
On July 5, 1989, Governor Cuomo signed Chapter 244 of the Laws of 1989 which imposes significant restrictions on smoking in public places and the workplace. The New York Clean Indoor Air Act (hereinafter referred to as the "Act") strictly prohibits smoking in auditoriums, elevators, gymnasiums, enclosed indoor areas containing a swimming pool, indoor areas open to the public, food stores, classrooms, public transportation, and ticketing and boarding areas in public transportation terminals.
The Act generally restricts smoking in any indoor areas open to the public, including public and private schools, general hospitals, residential health-care facilities and other licensed facilities where persons reside, public buildings, theaters, museums, libraries, retail stores, commercial establishments which are used for the purpose of carrying on or exercising any trade, profession, vocation or charitable activity, indoor arenas, waiting rooms and waiting areas, banks and other financial institutions, rest rooms, waiting areas in public transportation terminals and service areas in cafeterias and businesses selling food for on-premises and off-premises consumption. However, the owners or operators of these areas may designate a smoking area within the premises.
The Village of Monticello hereby sets forth as official policy pertaining to smoking, effective January 1, 1990, to provide nonsmoking employees with a smoke-free area. A work area may be set aside for smoking if all employees assigned to such area agrees to the designation. The employer must provide for nonsmoking areas in employee cafeterias, lunch room and lounges sufficient to meet employee demand. Employee demand should be deemed to be met if 70% of the seating capacity of said areas is designated as a nonsmoking area. Within the work area smoking is strictly prohibited in gyms, rest rooms, classrooms, hallways and rooms which contain office equipment that is used in common. Smoking is prohibited in conference or meeting rooms unless everyone agrees that smoking may be permitted.
The Village of Monticello shall prominently post the smoking policy on bulletin boards at each facility within village offices, i.e. Administrative (Village Hall), Police Department, Fire Department, Justice Court, Department of Public Works, Parks and Recreation (Neighborhood Facility), Sewer Department and Water Department. The village will also provide a written copy, upon request, to employees or prospective employees.
Employers are not required to make any expenditures or structural changes to create a smoke-free work area. However, if the employer, after using its best efforts, cannot comply with an employee's request for a smoke-free work area, the employer shall designate that employee's work area as a smoke-free work area. Further, if an employer implements a policy that is more restrictive than the minimum requirements set forth in the Act, and a collective bargaining unit exists within the establishment, the policy will be subject to applicable law governing collective bargaining.
The Village Manager, in his absence, hereby designates each department supervisor as the individual responsible for informing individuals smoking in a nonsmoking area that they are in violation of the Act.
The Board of Health of a county shall be the enforcement officer for the Act. If the county does not have a Board of Health, the County Legislature or Board of Supervisors may designate an officer. If the county does not so designate an officer, the Department of Health shall be deemed the enforcement officer. However, the county may designate an enforcement officer anytime thereafter.
The Commissioner may impose a civil penalty of up to $1,000 for each violation if the Department of Health is the enforcement officer. Any other enforcement officer may impose a penalty of up to $500 for each violation.