[HISTORY: Adopted by the Town Board of the Town of Lima 1-5-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
The Town Board of the Town of Lima finds, declares and determines
that smoking on real property owned by the Town of Lima should be
prohibited in order to:
A.
Protect the public health, safety and general welfare of Town officials,
employees, business invitees or guests, by eliminating exposure to
secondhand smoke in Town-owned or -controlled real property or motor
vehicles and equipment.
B.
Acknowledge the need of nonsmokers, especially children, to breathe
smoke-free air, recognizing the danger to public health which secondhand
smoke causes.
C.
Recognize that the need to breathe air free of the disease-causing
toxins in secondhand smoke should have priority over the desire and
convenience of smoking on real property or in motor vehicles or equipment
owned by or under the control of the Town of Lima.
D.
Recognize the right and benefit to municipal residents and visitors,
as well as employees or officers of the Town of Lima, to be free from
unwelcome secondhand smoke while on real property or in a motor vehicle
or equipment owned or operated by the Town of Lima.
All real property owned by the Town of Lima shall be subject
to the provisions of this chapter. The term "real property" shall
include real estate, lands and any structures, buildings or facilities
located upon said real estate and lands. The term "real property"
shall not include roadways and rights-of-way located within the Town
road system established under § 115 of the New York State
Highway Law.
A.
"Smoking" shall mean inhaling of, exhaling of, burning of, or carrying
of any lighted cigar, cigarette, pipe, tobacco, weed, or other plant
in any manner or in any form. Smoking shall be prohibited upon all
real property owned by the Town of Lima, except when located within
a moving motor vehicle (other than one that is owned or under the
control of the Town of Lima) that is in the process of exiting or
entering real property owned by the Town of Lima.
B.
It is explicitly intended that no person, regardless of whether said
person is an employee or official of the Town of Lima, shall be permitted
to smoke in any motor vehicle or equipment owned by or under the control
of the Town of Lima.
SMOKING IS PROHIBITED, or NO SMOKING signs, using the international
NO SMOKING symbol, consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it, shall
be prominently and conspicuously posted upon the entrance to all real
property where this chapter regulates smoking. NO SMOKING signs shall
be protected from tampering, damage, removal or concealment.
A.
For the purpose of this chapter, the term "enforcement officer" shall
mean the Town of Lima Code Enforcement Officer, or any peace officer.
The enforcement officer may cause to have issued and served upon the
person complained against a written notice and shall require the person
so complained against to answer the charges of such complaint before
a Justice of the Town of Lima Court or its designated hearing officer
at a time not less than 15 days after the date of service of notice.
B.
If the Town Justice determines after a hearing that a violation of this chapter has occurred, the Court may impose a civil penalty pursuant to § 213-6 of this chapter. Nothing herein shall be construed to prohibit an enforcement officer from commencing a proceeding for injunctive relief to compel compliance with this chapter.
C.
Any person who desires to register a complaint under this chapter
may do so with any appropriate enforcement officer.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
