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Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[Added 7-17-2007 by Ord. No. 14-2007; amended 7-17-2012 by L.L. No. 8-2012
[Amended 7-13-2022 by L.L. No. 14-2022]
A. 
This Legislature hereby finds and determines that human health is seriously threatened by exposure to environmental tobacco smoke (ETC) and that recent findings by the Federal Environmental Protection Agency (EPA) make clear that ETC, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmoking adults.
B. 
This Legislature also finds that the federal Centers for Disease Control (CDC) has found that smoked marijuana delivers tetrahydrocannabinol (THC) and other cannabinoids to the body, but it also delivers harmful substances, including many of the same toxins and carcinogens (cancer-causing chemicals) found in tobacco smoke, which are harmful to the lungs and cardiovascular system.
C. 
This Legislature also finds and determines that although smoking is prohibited in Town facilities and all hospitals located with the Town of Babylon, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Babylon declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by prohibiting smoking and tobacco use by persons at nondesignated areas. The odor from smoking tobacco and marijuana products and litter caused by the improper disposal of used tobacco and marijuana products in public areas can significantly reduce the enjoyment of a healthy and wholesome environment free of smoking-related pollution. By prohibiting smoking at public areas, the Town desires to promote and enhance the healthy and wholesome environment and its safe enjoyment by all individuals, especially children.
D. 
Smoking, tobacco and marijuana use are not prohibited in areas specifically designated and suitably equipped for that purpose.
As used in this chapter the following terms, phrases, words, and their derivatives shall have the meanings given:
MARIJUANA USE
Includes smoking of marijuana or marijuana derivatives.
[Added 7-13-2022 by L.L. No. 14-2022]
TOBACCO USE
Includes smoking and the chewing of tobacco.
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute or electronic cigarettes, vape pens, vapors, eliquids, marijuana and marijuana derivatives or other substances and also to carry burning tobacco, tobacco substitute, marijuana or a marijuana derivative in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
[Amended 4-25-2018 by L.L. No. 10-2018; 7-13-2022 by L.L. No. 14-2022]
[Amended 4-25-2018 by L.L. No. 10-2018; 7-13-2022 by L.L. No. 14-2022]
A. 
It shall be a violation of this chapter for any person to smoke or carry lighted cigarettes or other smoking devices, including but not limited to cigars, cigarillos, pipes, electronic cigarettes, vape pens, vapors, eliquids, marijuana or marijuana derivatives or other substances and the like, in Town of Babylon parks, recreation areas, playgrounds, pools, and beaches. Such conduct is prohibited except where conspicuously designated "Smoking Permitted" or otherwise.
B. 
Smoking is prohibited within a fifty-foot radius of all entrances to all Town buildings and facilities located within the Town of Babylon which are either owned or leased by the Town of Babylon and which are designated as accessible by the public.
C. 
The Town further determines and declares that all Town-of-Babylon-owned parks, playgrounds, and recreation areas shall be designated as "Tobacco-Free Zones" and "Marijuana-Free Zones."
D. 
Except as otherwise provided in this code, smoking, tobacco or marijuana use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this article.
A person who commits or permits any acts in violation of any provisions of this article shall be deemed to have committed an offense against this article and shall be liable for such violation and the penalty therefore, and shall upon conviction thereof, be subject to a fine or penalty of not less than $50 and not more than $250.
If any clause, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any 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, corporation, firm partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.