[Adopted 2-5-2002 by L.L. No. 6-2002]
A.
The Putnam County Legislature hereby finds as follows:
(1)
Significant health risks have been determined to be
attributable to exposure to environmental tobacco smoke (ETS), including
lung cancer, heart disease, respiratory infection and decreased respiratory
function; and
(2)
According to the United States Environmental Protection
Agency (EPA) ETS, also known as "secondhand smoke," has been proven
to be carcinogenic and has been designated a Group A (known human)
carcinogen responsible for 3,000 lung cancer deaths each year in nonsmoking
adults; and
(3)
The EPA also concludes the ETS causes other significant
health problems in adults and children, including increasing the risks
of respiratory and middle ear disease and contributing to an estimated
150,000 to 300,000 cases of bronchitis and pneumonia in infants and
young children each year; and
(4)
Exposure to ETS significantly worsens the condition
of up to 1,000,000 asthmatic children and contributes to an estimated
26,000 new cases of asthma each year; and
(5)
Involuntary exposure to ETS presents a substantial
and serious health risk to the residents and workers of Putnam County.
B.
Therefore, the Putnam County Legislature declares
the intent and purpose of this article is to preserve and improve
the public health by prohibiting smoking in public places and places
of employment and guarantee the right of nonsmokers to inhale smoke-free
air and recognize the priority to breathe smoke-free air over the
desire to smoke.
C.
Unless otherwise noted, Article 13-E of the New York
State Public Health Law applies.
As used in this article, the following terms
shall have the meanings indicated:
Any establishment open to the public, devoted to the sale
and service of alcoholic beverages for on-premises consumption, where
the service of food is merely incidental to the operation of the business,
and for which the sale of food for on-premises consumption does not
exceed 40% of annual gross sales. Any bar or tavern that generates
40% or more of total annual gross sales from the sale of food for
on-premises consumption shall be a food service establishment.
An area of a restaurant or other facility within a maximum
of 15 feet of the physical bar where patrons purchase and consume
alcoholic beverages.
An establishment of any kind where the playing of billiards/pool as a public place of business is for profit. The establishment must have two or more billiard/pool tables, and the tables must generate 51% of the gross receipts of the establishment. However, if the billiard/pool tables do not generate 51% of the gross revenues, but the establishment has a valid New York State Liquor Authority Tavern Wine License and meets the criteria as set forth in the definition of "bar and tavern" in § 203-2 of this Code, the establishment shall be considered, a "bar-tavern" as defined in this code.
[Added 12-30-2002 by L.L. No. 2-2003]
Any sole proprietorship, partnership, joint venture, corporation
or other business entity whether for profit or not-for-profit, including
retail establishments where goods or services are sold as well as
professional corporations, social agencies and other entities where
legal, medical, dental, engineering, architectural, or other professional
services are delivered.
Any indoor area in a restaurant where people dine, except
the bar area of a restaurant with a bar.
Any person who is employed by any employer for direct or
indirect monetary wages or profit, and any person who volunteers his
or her services for a nonprofit entity.
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity that employs the services of one
or more individual persons.
Any indoor area under the control of a public or private
employer which employees normally frequent during the course of employment,
including but not limited to work areas, employee lounges and restrooms,
conference and classrooms, vehicles, employee cafeterias, and hallways.
Any weddings, parties, testimonial dinners, or other similar
gatherings in which the seating and/or eating arrangements are under
the control of the organizer or sponsor of the event and not the person
who owns, manages, operates, or otherwise controls the use of the
place in which the function is held.
Any indoor area to which the public is invited or in which
the public is permitted, including but not limited to banks, educational
facilities, health facilities, laundromats, public transportation
vehicles and facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments,
retail stores, theaters, lobbies, elevators, stairwells, waiting rooms
and places of worship. Areas in a private residence, which constitute
common areas of a multiple dwelling, are public places within the
meaning of this regulation.
Any indoor area of a coffee shop, cafeteria, sandwich shop
or private or public school cafeteria, and any other eating establishment
which gives or offers for sale food to the public, guests, or employees,
as well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities.
An enclosed room in which smoking and dining is permitted
and to which minors under 18 years of age are denied access. Such
room shall:
Be clearly designated as a separate smoking
room;
Be completely enclosed on all sides by floor-to-ceiling
walls, interior doors and/or windows which must remain closed. The
room must be provided with self-closing floor-to-ceiling doors, which
shall remain closed except for the purpose of entry and exit or the
room must be negatively pressurized to prevent the escape of smoke
to the smoke-free areas of the establishment. All enclosures, doors
and windows must comply with applicable state building and fire codes.
A permit from the Town/Village Building Inspector meeting requirements
of the state building construction code is required;
Contain adequate means of extinguishing fires
consistent with applicable state codes; and
Have a ventilation system whereby the air from
the enclosed room is immediately exhausted to the outside in such
a way as to prevent the reintroduction of smoke into the building
and must prevent back streaming of smoke into smoke-free areas. Such
room may not be the sole entry area to or exit area from the facility,
nor the sole waiting area for the facility. Such room also may not
exceed 30% of the seating capacity of the facility.
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
To inhale or exhale the smoke of burning tobacco or any form
of tobacco substitute, or the vapor of an electronic smoking device,
and also to carry burning tobacco or tobacco substitute, in the form
of a cigarette, electronic cigarette, cigar, pipe, or any other smoke-
or vapor-producing device.
[Amended 5-5-2015 by L.L.
No. 6-2015]
Any indoor sports pavilion, including concourses, a gymnasium,
health spa, boxing arena, swimming pool, roller or ice skating rink,
and other similar places. This term also applies to places where the
general public assembles either to engage in physical exercise, participate
in athletic or recreational activity, to witness sports, cultural,
recreational or similar activities.
Shall be defined as set forth in Article 13-E of the Public
Health Law of the State of New York.
All enclosed facilities owned or leased by the
County and any political subdivision of the County shall be subject
to the provisions of this article.
A.
Smoking shall be prohibited in all indoor public places
within the County, unless otherwise provided by this regulation, including
but not limited to the following places:
(1)
Elevators.
(2)
Buses, taxicabs, and other means of public transit,
and ticket, boarding, and indoor waiting areas of public depots.
(3)
Public restrooms.
(4)
Service lines.
(5)
Retail stores.
(6)
All areas available to and customarily used by the
general public in all businesses and nonprofit entities patronized
by the public, including but not limited to professional and other
offices, banks, laundromats, hotels and motels.
(7)
Aquariums, galleries, libraries, and museums.
(8)
Any facility which is primarily used for exhibiting
any motion picture, stage, drama, lecture, musical recital, or other
similar performance.
(9)
Every room, chamber, place of meeting or public assembly,
including school buildings, under the control of any board, council,
commission, committee, including joint committees, or agencies of
the County or any political subdivision of the County.
(10)
Hospitals, clinics, physical therapy facilities, doctors'
offices, dentists' offices and any other health facility.
(11)
Lobbies, hallways, and other common areas in apartment
buildings, condominiums, retirement facilities, nursing homes, and
other multiple-unit residential and commercial facilities.
(12)
Polling places.
(13)
Places of worship.
(14)
Dining areas of private clubs when open to the public.
(15)
Private and public schools.
B.
All public places must provide a smoke-free environment;
however, smoking may be permitted, with certain limitations as provided
in various sections of this regulation, including, but not limited
to, separate smoking rooms or in the following areas and locations:
(1)
Restaurants with bars: Dining areas shall be smoke
free. Smoking may be allowed within bar areas, provided the bar area
is not the sole patron waiting area, is separated from the dining
area by a floor-to-ceiling partition and is ventilated such that secondhand
tobacco smoke from the bar area does not enter other areas in the
facility, including the dining area. Partitions, including egress
doors, must comply with requirements of the New York State Fire Prevention
and Building Code. A separate smoking room may be provided.
(2)
Restaurants without bars: Dining areas shall be smoke
free. A separate smoking room may be provided.
(3)
Sports arenas: Indoor facilities shall be smoke free.
Separate smoking rooms may be provided.
(4)
Bingo halls: Bingo halls shall be smoke free. Smoking
may be allowed within bar areas, provided the bar area is not the
sole patron waiting area, is separated from all other areas by a floor-to-ceiling
partition and is ventilated such that secondhand tobacco smoke from
the bar area does not enter other areas in the facility. A separate
smoking room may be provided.
(5)
Pool halls: Pool halls shall be smoke free. Smoking
may be allowed within bar areas, provided the bar area is not the
sole patron waiting area, is separated from all other areas by a floor-to-ceiling
partition and is ventilated such that secondhand tobacco smoke from
the bar area does not enter other areas in the facility. A separate
smoking room may be provided.
(6)
Bowling centers: Bowling centers shall be smoke free.
Smoking may be allowed within bar areas, provided the bar area is
not the sole patron waiting area, is separated from all other areas
by a floor-to-ceiling partition and is ventilated such that secondhand
tobacco smoke from the bar area does not enter other areas in the
facility. A separate smoking room may be provided.
(7)
Convention centers: Convention centers shall be smoke
free. A separate smoking room may be provided.
(8)
Bars and taverns: Smoking may be permitted. Proper
ventilation is encouraged to reduce exposure to secondhand tobacco
smoke. Minors under the age of 18 are not permitted in a bar or tavern
as defined by this code unless accompanied by a parent, guardian or
an adult authorized by a parent or guardian.
C.
Smoking shall be prohibited within a distance of 30
feet outside of every entrance to all facilities owned or leased by
the County.
[Added 9-1-2007 by L.L. No. 2-2007]
D.
Smoking shall be prohibited on all public beaches
and open fields which are owned or leased by the County.
[Added 6-3-2008 by L.L. No. 17-2008]
Whenever smoking is permitted under the terms
of this article, including but not limited to a separate smoking room,
minors (patrons and/or employees) under 18 years of age shall not
be permitted in these areas. Entrances to these areas shall be prominently
posted with a sign which reads: "Due to recognized health risks to
children from secondhand smoke and current Health Department regulations,
we cannot allow minors under the age of 18 into this room." The Putnam
County Health Department shall provide such signs.
Hotels and motels shall be required to designate
a group of contiguous bedrooms, at least 50% of all bedrooms, as smoke
free rooms and shall be required to keep them consistently so. Lobbies,
hallways, meeting rooms and other common areas shall be smoke free.
A.
It shall be the responsibility of employers to provide
a smoke-free workplace for all employees, but employers are not required
to incur any expense to make structural or other physical modifications.
B.
Within 90 days of the effective date of this article,
each employer having any enclosed place of employment located within
the County shall adopt, implement, make known, and maintain a written
smoking policy which shall contain the following requirements: Smoking
shall be prohibited in all enclosed facilities within a place of employment
without exception. This includes common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways,
medical facilities, cafeterias, employee lounges, stairs, restrooms,
vehicles, and all other enclosed facilities.
C.
The smoking policy shall be communicated to all employees
at least three weeks prior to its adoption. Employers shall prominently
post the smoking policy in the workplace and supply a written copy
upon request to any existing or prospective employee.
D.
This section shall not prohibit smoking in separate
smoking rooms as defined in this article. Any employee working in
a separate smoking room or a smoking area in a bar/tavern must sign
an acknowledgment, which is provided by the employer upon hiring,
that they will be working in a smoking area and they are aware of
the negative health effects of secondhand tobacco smoke. Employees
under the age of 18 are prohibited from working in smoking areas.
Notwithstanding any other provision of this
regulation to the contrary, the following shall not be subject to
the smoking restrictions contained in this regulation.
A.
"No Smoking" 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 every building
or other facility where smoking is prohibited. The Putnam County Health
Department shall provide such signs.
B.
"Smoking Permitted in Designated Areas Only" signs
shall be clearly, sufficiently, and conspicuously posted at each entrance
to every building or other facility where smoking is permitted. The
Putnam County Health Department shall provide such signs.
C.
"Designated Smoking Area" signs shall be clearly,
sufficiently, and conspicuously posted in each area where smoking
is permitted under the terms of this article. The Putnam County Health
Department shall provide such signs.
D.
The owner, operator or manager of a hotel or motel
must post a notice at the reception area of the establishment as to
the availability, upon request, of smoking or nonsmoking rooms. The
entry door and interior of all rooms must be properly posted.
A.
The owner, manager or operator of any establishment
regulated by this article shall be responsible for configuring and
constructing said establishment within the confines of this article,
including the provision of any necessary ventilation. The owner, manager
or operator shall also be required to inform persons violating this
article of the appropriate provisions hereof.
B.
Any citizen may register a complaint under this article
to the Putnam County Health Department.
C.
The Putnam County Health Department shall be charged
with enforcement of this article. The Public Health Director or his
representative is authorized to issue all notices, orders and other
processes that may be necessary in the enforcement of this article.
D.
Upon written notice of a violation of any provision
of this article, the Public Health Director shall cause a hearing
to be held in accordance with this code.
Smoking rooms and bar areas where smoking is
permitted shall be served by a properly operated and maintained ventilation
system that exhausts to the outside of the building. The smoking room
must have self-closing floor-to-ceiling doors that are in compliance
with state codes or be negatively pressurized in such a way as to
prevent the escape of smoke to the smoke-free areas. Bar areas where
smoking is permitted must be negatively pressurized in such a way
as to prevent the escape of smoke to the smoke-free areas.
A.
It shall be a violation for any person who owns, manages,
operates, or otherwise controls the use of any premises subject to
regulation under this article to fail to comply with any of its provisions.
B.
It shall be a violation for any person to smoke in
any area where smoking is prohibited by the provisions of this article.
C.
Any person who violates any provision of this article
shall be guilty of a violation punishable by a fine not to exceed
$1,000 per violation.
A written request for a waiver from provisions
of this article may be submitted to the Public Health Director. Such
request shall indicate justification that circumstances exist that
are beyond control and granting such a waiver will not endanger public
health. The granting or denying of such waiver is the sole decision
of the Public Health Director. All requirements of Public Health Law
§ 1399-u apply.
A.
No person or employer shall discharge, refuse to hire,
or in any manner retaliate against any employee or applicant for employment
because such employee or applicant exercises any right to a smoke-free
environment afforded by this article.
B.
This article shall not be interpreted or construed
to permit smoking where it is otherwise restricted by other applicable
laws.
If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions of this article which can be given effect without the invalid
provision or application, and to this end the remaining provisions
of this article are declared to be valid.
Nothing in this article shall be construed to
create a cause of action by one person against another person for
violation of any provision of this article.
