[HISTORY: Adopted by the Town Board of the Town of Busti
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-4-2021 by L.L. No. 5-2021]
The Town Board of the Town of Busti finds that smoking and the
use of tobacco and cannabis in the Town of Busti's public buildings
and parks have the potential for creating a serious health hazard
for employees of the Town of Busti and the citizens of the Town of
Busti who visit and use Town buildings, grounds, parks, and recreation
areas. The Town Board has determined that to protect and promote the
public health, safety, and welfare of the employees and citizens of
the Town of Busti, it is necessary to restrict the acts of smoking
and tobacco and cannabis use in and around Town-owned buildings, parks,
recreation areas, and playgrounds.
As used in this article, the following terms shall have the
meanings indicated:
Includes smoking of cannabis.
To inhale or exhale the smoke of burning tobacco, tobacco
substitute, and cannabis and also to carry burning tobacco, tobacco
substitute, or cannabis in the form of a cigarette, cigar, or any
other smoke-producing product or device, including pipes.
Includes smoking and the chewing of tobacco.
Any building, structure or enclosed outdoor area owned, leased,
used or operated by the Town of Busti or any of its departments and
used for the conduct of public business, including, but not limited
to, the Town Administration Building, Highway Department buildings,
Town transfer station, and any buildings, structures or enclosed areas
located at any Town-owned park, recreation area, or playground.
Includes all parks, playgrounds and recreation areas owned,
leased, used, operated and maintained by the Town of Busti, including,
but not limited to, Edward F. Loomis, Jr. Town Park, Earl W. Lawson
Town Park, Dale C. Robbins Wetland Preserve, Busti Cemetery, Bentley
Cemetery, and Wellman Road Cemetery.
A.
Tobacco and cannabis smoking and tobacco and cannabis use shall be
prohibited in all buildings owned, leased, used, operated or maintained
by the Town of Busti or any department of the Town of Busti (hereinafter
"Town building"), without exception.
B.
Tobacco and cannabis smoking and tobacco and cannabis use shall also
be prohibited within 30 feet of any Town building not located in a
park, recreation area, playground, and cemetery.
C.
Tobacco smoking and tobacco use shall be prohibited in all Town-owned
parks, playgrounds, recreation areas, and cemeteries.
D.
The Town Board further determines and declares that all Town-owned
parks, recreation areas, playgrounds, and cemeteries shall be designated
as tobacco-free and cannabis-free zones.
A.
"Smoking and Tobacco Use Prohibited" signs or the international "no
smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) shall
be clearly, sufficiently, and conspicuously posted at each entrance
to any Town building where smoking is prohibited, including all Town
buildings and at all Town-owned public parks, public playgrounds,
public recreation areas, and cemeteries.
B.
"Tobacco-Free Zone" and "Cannabis-Free Zone" signs shall also be
posted at the entrance to each Town-owned park, recreation area, playground
and cemetery.
This article shall be enforced by the Code Enforcement Officer
of the Town of Busti or any police agency having jurisdiction in the
Town of Busti, including, but not limited to, the Lakewood-Busti Police
Department, the New York State Police, or the Chautauqua County Sheriff.
