Village of Spencerport, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 107.
[Adopted 7-12-2017 by L.L. No. 4-2017]
This chapter shall be known as "Tobacco, Vaping and E-Cigarettes."
A. 
The Village Board of Trustees recognizes that as of 2012, smoking and tobacco products were responsible for the premature deaths of over 440,000 Americans each year. By resolution, adopted June 14, 2017, the Village Board of Trustees of the Village of Spencerport adopted a tobacco free policy to govern all Village-owned and/or -operated parkland, park facility or open space.
B. 
It is recognized that tobacco products, including, but not limited to, smoking, causes premature death. It is further recognized that the majority of tobacco users begin such use before the age of 18. Based thereon, it is recognized that users of public properties owned and/or maintained by the Village have the right to an environment free from smoke and tobacco products or the temptations associated with their use.
C. 
It is further recognized that the health risks pertaining to vaping and e-cigarette use remain unknown.
This chapter is adopted pursuant to the applicable provisions of the Village Law, the Municipal Home Rule Law and Section 1399-r(3) of the Public Health Law of the State of New York.
Smoking and the use of tobacco products, vaping and the use of e-cigarettes is prohibited in all Village buildings and on all Village property, including, but not limited to:
A. 
All indoor places within Village buildings;
B. 
Any enclosed office spaces, conference rooms or meeting rooms or private offices;
C. 
All auditoriums, gymnasiums, ice rinks, pavilions, sports fields, trails or walkways, water parks, restrooms, elevators, classrooms, hallways, facilities and rooms, playgrounds and/or parks; and
D. 
In all Village vehicles.
A. 
Any person found to have violated this chapter may be ejected from Village property.
B. 
Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine of not less than $75 nor more than $150, or imprisonment for a period not to exceed 15 days.
Enforcement of the provisions of this chapter shall be the responsibility of law enforcement officers of Monroe County, the State of New York, and/or the Town of Ogden, in addition to the Code Enforcement Officer for the Village of Spencerport.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been ordered.