Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 9-10-2012 by L.L. No. 6-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 83 but was renumbered in order to maintain the alphabetical organization of the Code.
The Town Board of the Town of Hyde Park finds that smoking and the use of tobacco in the Town of Hyde Park's public buildings and parks have the potential for creating a serious health hazard for employees of the Town of Hyde Park and the citizens of the Town of Hyde Park who visit and utilize Town buildings, grounds, parks and recreation areas. The Town Board has determined that, in order to protect and promote the public health, safety and welfare of the employees and citizens of the Town of Hyde Park, it is necessary to restrict the acts of smoking and tobacco use in and around Town-owned buildings, parks, recreation areas and playgrounds.
As used in this chapter, the following terms shall have the meanings indicated:
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
TOWN-OWNED BUILDING
Any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Hyde Park or any of its departments and used for the conduct of public business, including, but not limited to, the Town Hall, Highway Department buildings, Town Court and police building, and any buildings, structures or enclosed areas located at any Town-owned park, recreation area or playground.
TOWN-OWNED PARKS, RECREATION AREAS OR PLAYGROUNDS
Includes all parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Hyde Park or the Town of Hyde Park Recreation Committee, including, but not limited to, Pinewoods Park, Hackett Hill Park, Dinsmore Park, Riverfront Park, Greenfields Park, Greentree Park, Doty Park and Beck Park.
A. 
Tobacco smoking and tobacco use shall be prohibited in all Town-owned buildings owned, leased, used, operated or maintained by the Town of Hyde Park or any department of the Town of Hyde Park (hereinafter "Town building"), without exception.
B. 
Tobacco smoking and tobacco use shall also be prohibited within 30 feet of any Town Building not located in a park, recreation area or playground.
C. 
Tobacco smoking and tobacco use shall be prohibited in all Town-owned parks, playgrounds and recreation areas.
D. 
The Town Board further determines and declares that all Town-owned parks, recreation areas and playgrounds shall be designated as tobacco-free zones.
A. 
"Smoking and Tobacco Use Prohibited" signs or 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 clearly, sufficiently and conspicuously posted at each entrance to any Town Building where smoking is prohibited, including all Town Buildings and at all Town-owned public parks, public playgrounds and public recreation areas.
B. 
"Tobacco-Free Zone" signs shall also be posted at the entrance to each Town-owned park, recreation area and playground.
This chapter shall be enforced by the Zoning Administrator and/or the Building Inspector of the Town of Hyde Park or any police agency having jurisdiction in the Town of Hyde Park, including, but not limited to, the Hyde Park Police Department, the New York State Police or the Dutchess County Sheriff.
A. 
It shall be a violation for any person to smoke or use tobacco in any area where smoking is prohibited by the provisions of this chapter.
B. 
Any person who is convicted of violating any provision of this chapter shall be subject to a fine not to exceed $200 per violation.