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Town of Yorktown, NY
Westchester County
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New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Yorktown 6-2-2020 by L.L. No. 3-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 90, Smoking, adopted 4-3-1990.
The purpose of this chapter is to create smoke- and vape-free zones on Town-owned property.
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE or E-CIGARETTE
An electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
SMOKING
Using lighted tobacco and tobacco products, clove cigarettes and similar substances, including, without limitation, cigarettes, cigars and pipes.
VAPING
Using an electronic cigarette (also known as an "e-cigarette") or similar device.
A. 
The following Town-owned areas, and any area owned by the Town of Yorktown located within 50 feet thereof, are hereby designated as smoke- and vape-free zones:
(1) 
Town-owned buildings;
(2) 
Picnic areas;
(3) 
Sport areas and fields, including but not limited to tennis facilities, tracks, volleyball facilities, baseball fields and basketball courts;
(4) 
Pool facilities;
(5) 
Pavilions; and
(6) 
Playgrounds.
B. 
Smoking and vaping are strictly prohibited in any smoke- and vape-free zone within the Town of Yorktown.
This chapter may be enforced by any police or peace officer, or by any person designated by the Town Board as an enforcement officer relative to this chapter. All Town of Yorktown Police Department officers shall be deemed enforcement officers under this chapter.
Any person violating the provisions of this chapter shall be deemed to have committed a violation and shall be subject to criminal prosecution for such violation, with the fine imposed to be not less than $50 and not greater than $100 per violation. In addition, any individual in violation of this chapter may be removed from, and refused admission to, any area stated in § 90-3A. Nothing contained in this chapter shall be construed to exempt an offender from any other prosecution or penalty otherwise provided by law.
This chapter shall in no way limit or alter any restriction upon smoking imposed by any law of the State of New York.