[HISTORY: Adopted by the Board of Trustees of the Village of Corinth 3-17-2016 by L.L. No. 2-2016. Amendments noted where applicable.]
Editor's Note: This chapter was originally designated as Ch. 258, but was redesignated to maintain the alphabetical sequence of the Code.
It is recognized that tobacco use products cause premature death. It is further recognized that the majority of tobacco users begin such use before the age of eighteen. Based thereon, it is recognized that users of public properties owned and/or maintained by the Village, including youth and their parents/caregivers, have the right to an environment free from smoke and tobacco products or the temptations associated therewith. An additional purpose of this law is to reduce the proximate exposure of the public, especially children, to the hazards and annoyance of secondhand tobacco smoke. Furthermore, this legislation is intended to reduce litter and possible contamination from discarded cigarette butts in public places.
Pursuant to the New York State Constitution and the General Municipal Law, the Village of Corinth may adopt and amend laws pertaining to the protection, conduct, safety, health and well-being of the persons and property of the Village. Further, the Clean Indoor Air Act adopted by the New York State Legislature (Public Health Law, Article 3-E, § 1399-n et seq.) specifically provides that "[s]moking may not be permitted where prohibited by any other law, rule, or regulation of any state agency or political subdivision of the state. Nothing herein shall be construed to restrict the power of any county, city, town or village to adopt and enforce additional local laws, ordinances or regulations which comply with at least the minimum applicable standards set forth in this article."
As used in this chapter, the following terms shall have the meanings indicated:
- ELECTRONIC CIGARETTE (E-CIGARETTE)
- An electronic device that contains cartridges filled with a combination of nicotine, flavor and chemicals that are turned into vapor which inhaled by the user, and shall include any refill, cartridge and any other component of such a device.
- To inhale or exhale the smoke of burning tobacco or tobacco substitute or herbs 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. It also includes the use, or "vaping" of electronic cigarettes.
- TOBACCO USE
- Includes smoking and the chewing of tobacco.
- VILLAGE OWNED PARKS, RECREATION AREAS OR PLAYGROUNDS
- All parks, playgrounds and recreation areas owned, leased, used, operated or maintained by the Village of Corinth, including, but not limited to, Pagenstetcher Park, Corinth Reservoir Recreation Area, and the Village Beach.
Tobacco smoking and tobacco use shall be prohibited in all Village-owned parks, playgrounds and recreation areas.
"Smoking and Tobacco Use Prohibited" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed within a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted at each entrance to all Village-owned parks, playgrounds and recreation areas.
Enforcement of this chapter shall be the responsibility of the law enforcement officers of Saratoga County, the State of New York, and/or the Code Enforcement Officer for the Village of Corinth.
Any person found to have violated this law may be ejected from Village property.
Any person who shall violate any provision of the law shall be guilty of a violation punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both; provided, however, that for the purpose of conferring jurisdiction upon courts and judicial officers generally, such violation shall be deemed a misdemeanor and for such purpose, only all provisions of law relating to misdemeanors shall apply to such violation.
If, for any reason, any word, clause, paragraph or section of this law shall be held to make the same unconstitutional, this law shall not be hereby invalidated and the remainder of this law shall continue in effect.
This law shall become effective upon filing in the office of the New York Secretary of State.