[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.
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.
