[Added 6-26-1951; amended 11-19-1974 by L.L. No. 4-1974; 8-10-2021 by L.L. No. 2-2021]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS
All cannabis or concentrated cannabis as those terms are defined by § 222.00 of the New York State Penal Law.
SMOKING
The carrying of lighted pipe, cigar, cigarette, tobacco, cannabis or any other slow-burning smokable material in any form or tobacco-like product.
VAPING
Inhaling or exhaling vapor containing cannabis, nicotine and flavoring produced by a device designed for this purpose.
It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe or match or use any spark, flame or fire-producing device which has not been authorized for use by the Fire Marshal in any existing or newly created retail store which is designed and arranged to accommodate 50 people or more, or in which more than five persons are employed. Designated smoking and restrooms, restaurant, executive offices in such retail stores shall be exempt from this prohibition.
Smoking is prohibited in theaters, portions of buildings being used for theatrical or operatic purposes and theaters displaying motion pictures. It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe or match or use any spark, flame or fire-producing device which has not been authorized for use by the Fire Marshal in any of the above-referred to occupancies. The rooms and location designated as follows shall be exempt from this prohibition:
A. 
Lobbies, designated smoking and restrooms.
B. 
Lodges, boxes, mezzanines or balconies.
C. 
A designated section with a number of seats not in excess of 1/3 the total number in the orchestra section.
D. 
Suitable metal containers or receptacles shall be provided and placed in accessible positions for the discarding of ashes or lighted cigars, cigarettes or pipes.
Smoking, vaping or the consumption of tobacco or cannabis shall be prohibited on any Village-owned or leased property, including, but not limited to buildings, sidewalks, parking lots, parks, preserves, playgrounds or any Village-owned or leased open spaces, and in schools, elevators, auditoriums, public buildings, hospitals, sanatoriums, nursing homes, convalescent homes, homes for the aged or for chronic patients, assisted-living facilities or any similar group-home facility or portions of buildings being used for such purposes, except in legally approved, designated areas.
No-smoking, vaping and/or consumption of tobacco or cannabis signs of approved size and lettering shall be displayed.
Smoking-permitted signs of approved size and lettering shall be displayed in areas so designated with authorization from the Board of Trustees.
It shall be unlawful for any person to remove any legally required no-smoking, no-vaping or no-consumption signs.
With respect to the smoking, vaping or consumption of cannabis, any violation of this article shall be punishable by a fine not to exceed $25. A violation of any other prevision of this article shall result in a penalty as provided in § 32-13 of Chapter 32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this article of any provisions thereof shall be and hereby is declared a disorderly person as provided in § 32-1 of Chapter 32 hereof.
This local law shall be enforced by the Police Department of the Incorporated Village of Floral Park and all summons issued shall be returnable at the Village Justice Court.