[HISTORY: Adopted by the Town Board of the Town of Bergen
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2021 by L.L. No. 3-2021]
This article is adopted pursuant to the New York State Constitution
Article IX, Town Law §§ 261 through 264 and Municipal
Home Rule Law § 10.
The Town of Bergen (hereinafter referred to as "Bergen") has
a responsibility to protect the health, safety, welfare and quality
of life of Bergen residents, Bergen employees and the public at large.
It is acknowledged and recognized that tobacco, vaping, e-cigarette
and/or THC-containing products can contribute to significant health
concerns and/or death to individuals. Consequently, individuals using
property owned and/or maintained by Bergen are entitled to an environment
devoid of tobacco, vaping, e-cigarette and THC-containing products
in order to promote the best interests of the public.
A.
The prohibitions and restrictions set forth in this section pertain
to properties owned and/or maintained by Bergen.
B.
All usage of THC-containing products are prohibited and restricted
at all properties owned and/or maintained by Bergen.
C.
All usage of tobacco, vaping and/or e-cigarette are restricted at
all properties owned and/or maintained by Bergen in accordance with
all federal, state and county laws and regulations governing same.
D.
As is deemed necessary from time to time, the Bergen Employee Handbook
is to be amended to reflect the policy set forth herein.
Any Town employee or official who is determined to have violated
this article is subject to appropriate disciplinary action, including
loss of wages, suspension of employment and/or termination of employment.
Bergen reserves the right to additionally pursue legal recourse if
appropriate.
A.
Any person determined to be in violation of this article may be ejected
and removed from Town property.
B.
Any person who is determined to be in violation of this article shall
be punishable by a fine of not less than $75 or no more than $150
and/or imprisonment of up to 15 days for each violation.
If any clause, sentence, paragraph, subdivision, section or
part of this article, or the application thereof to any person, individual,
firm or corporation, or circumstance, shall be adjudged by a court
of competent jurisdiction to be invalid or unconstitutional, such
order or judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part of this article, or in its
application to the person, individual, firm or corporation, or circumstance,
directly involved in the controversy in which said order or judgment
shall be rendered.
This article shall take effect upon the date it is filed in
the office of the New York State Secretary of State in accordance
with the Municipal Home Rule Law § 27.
