[HISTORY: Adopted by the Common Council of the City of Port
Jervis 2-28-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
The primary purpose of this chapter is to reduce the proximate
exposure of the public, especially children, to the hazards and annoyance
of secondhand tobacco, cannabis and e-cigarette smoke or vapors. This
chapter is intended to protect the health, safety and welfare of the
public by reducing exposure and contamination from cannabis and tobacco
use and vaping in public places.
As used in this chapter, the following terms shall have the
meanings as indicated below:
Persons under the age of 18 years.
Any structure owned by the City of Port Jervis, except for
any vacant structure not used for municipal purposes and any such
structure that is subject to a written lease to another party, provided
such lease was entered into prior to the effective date of this chapter
and provided such lease does not give the City the authority to regulate
outdoor smoking on the leased premises.
Any electronic device composed of a mouthpiece, heating element,
battery and/or other electronic circuit that provides a vapor of liquid
nicotine, cannabis product and/or other substance that is sometimes
mixed with propylene glycol by the user as they simulate smoking.
This term shall include all such devices, whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, vapes or under any other product
name.
Any product containing marijuana, THC or CBD in any form
or as the term is defined by Chapter 7-A of the Consolidated Laws
of New York, the Cannabis Law.
Any outdoor recreation area, playground, playing field, pavilion
or open space that has been designated for recreational purposes or
activities. All parking areas and lots within such parks shall be
included for purposes of this chapter.
A structure that is at least partially unenclosed and that
is intended for public use.
An outdoor recreation area that is designed and intended
for use by children. For the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
and/or sports. For the purposes of this chapter, a playing field that
is fenced or the outside perimeter of which is otherwise physically
demarcated shall be deemed to include all of the area inside such
fence or demarcation, together with any bleachers or other designated
viewing area; a playing field that is not fenced or otherwise demarcated
(as to its outside perimeter) shall be deemed to include all of the
area customarily required for playing the game or sport for which
it is being used, together with any bleachers and other designated
viewing area.
The emission produced by the burning of a tobacco product
or tobacco-related product, cannabis product or cannabis-related product
or the heating of an e-cigarette which creates a vapor.
The burning of a tobacco or cannabis product or related product
or the heating or ignition of an e-cigarette which creates a vapor.
Any manufactured product containing tobacco or nicotine,
including, but not limited to, cigarettes, cigars, pipe tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, snus, shisha, powdered and/or
dissolvable tobacco projects, liquid nicotine and electronic cigarette
cartridges, whether packaged or not; any packaging that indicates
it might contain any substance containing tobacco or nicotine; or
any object utilized for the purpose of smoking or inhaling tobacco
or nicotine products.
A.
Smoking
and/or use of any cannabis or cannabis-related product, tobacco or
tobacco-related product or any e-cigarette shall not be permitted,
and no person shall smoke and/or use any cannabis or cannabis-related
product, tobacco or tobacco-related product, vape or ignite an e-cigarette
in the following outdoor areas: all City parks, including but not
limited to Riverside Park, as well as all hiking and biking trails.
This shall include all sections of the aforementioned parks, hiking
and biking trails, including, but not limited to, any pavilion, playground
and/or playing field.
B.
Any licensee
or permit holder for an outdoor recreation area, park, pavilion, playground
and/or playing field shall be required to inform members of the public
of applicable restrictions on smoking or use of the products listed
in the preceding subsection.
Any person found to be in violation of any provision of this
chapter by smoking or using tobacco or a tobacco-related product in
an area where outdoor smoking is hereby prohibited shall be guilty,
upon conviction, of an offense punishable by a fine of not less than
$50 for the first violation; not more than $100 for a second violation;
and not more than $250 for the third and each subsequent violation.
Each event on any single day or each day on which a violation occurs
shall be considered a separate and distinct violation.
The provisions of this chapter are declared severable, and if
any section or subsection of this chapter is held to be invalid, such
invalidity shall not affect the other provisions of this chapter that
can be given effect without the invalidated provision.
All ordinances, local laws and parts thereof inconsistent with
this chapter are hereby repealed.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
