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un Town Hall, 53095 Main Road
P.O. Box 1179
JUDITH T.TERRYdl Southold, New York 11971
TOWN CLERK FAX(516)765-1823
REGISTRAR OF VITAL STATISTICS TELEPHONE(516)765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON .JANUARY 23, 1990:
WHEREAS, the Town of Southold is desirous of providing a safe and healthy place
of employment for its employees; and
WHEREAS, the Public Health Law Section 1399-0 requires the adoption of a written
smoking policy for its place of employment of town employees; and
WHEREAS, such policy must be adopted by April 1st, 1990; now, therefore, be it
RESOLVED that the following smoking policy is adopted for places of employment for
the employees of the Town of Southold to be effective on February 1, 1990:
SMOKING POLICY OF THE TOWN OF SOUTHOLD
Smoking is prohibited in all indoor places of employment of town employees under
the jurisdiction and control of the Town of Southold except in areas specifically
designated for smoking.
Smoking is permitted in an enclosed office occupied by a person who smokes or if
it is occupied by more than one person, provided all persons in that office consent
to smoking.
Smoking is not permitted in any conference room or meeting room or any enclosed
private office unless all persons in such place consent to smoking.
No person shall carry a lighted cigarette, cigar or pipe or other smoking material
in any indoor hallway, passage or other common area while walking through such
area. Smoking shalt be prohibited in auditoriums, gymnasiums, restrooms,
elevators, classrooms, hallways, employee medical facilities and rooms or areas which
contain photocopying equipment or other office equipment used in common, and in
company vehicles occupied by more than one person unless the occupant of such
vehicle agree that smoking may be permitted.
Smoking areas will be designated by the Town Board for employees who wish to
smoke. Such smoking areas will be clearly marked by a sign "Smoking Permitted".
The Superintendent of Highways shall designated in the highway garage or other
building in which town highway employees work a specific enclosed smoking area (if
one is required) clearly marked by a sign "Smoking Permitted".
Employees are encouraged to present any concerns to their supervisors and may
register a complaint with the County enforcement officers.
The copy of this policy shall be posted upon the town bulletin board and in each
separate building in which town employees work.
employees found smoking outside of designated smoking areas will be considered in
violation of this policy and may be subject to the penalty prescribed by the State
Commissioner of Health.
� ell,
Judith T. Terry
Cz
SCOTT A. RUSSELL 4 Town Hall, 53095 Route 25
SUPERVISOR P.O. Box 1179
01
Southold,New York 11971-0959
f Fax(631) 765.1823
?x;rtx^ Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
To: Town of Southold Department Heads
From: Scott A. Russell, Superviso
Date: November 3, 2016
Re: New York State Public Health Law- Regulation of Smoking in
Certain Public Areas
The New York State Public Health Law, Article 13-E (1399-N — 1399-X)
regulates smoking in certain public areas. Please note that this law
prohibits smoking in company vehicles. (1399-N-Section 5)
Please make sure the attached copy of the law is posted within your office
and is distributed to, and acknowledged by, all of your employees.
Thank you for your cooperation.
Cc: Southold Town Board Members
John Cushman, Fleet Manager
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
■ 1399-N - Definitions.
■ 1399-0 - Smoking restrictions.
• 1399-0-1 - Smoking restrictions; certain outdoor areas.
■ 1399-P - Posting of signs.
• 1399-Q - Smoking restrictions inapplicable.
■ 1399-R - General provisions.
■ 1399-S - Violations.
• 1399-T - Enforcement.
• 1399-U - Waiver.
■ 1399-V - Penalties.
■ 1399-W- Limitation of causes of action.
• 1399-X - Rules and regulations.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-N - Definitions.
Universal Citation: NY Pub Health L § 1399-N (2012)
§ 1399-n. Definitions. For purposes of this article:
1. "Bar" means any area, including outdoor seating areas, devoted to
the sale and service of alcoholic beverages for on-premises consumption
and where the service of food is only incidental to the consumption of
such beverages.
2. "Employer" means any person, partnership, association, limited
liability company, corporation or nonprofit entity which employs one or
more persons, including the legislative, executive and judicial branches
of state government and any political subdivision of the state.
3. "Food service establishment" means any area, including outdoor
seating areas, or portion thereof in which the business is the sale of
food for on-premises consumption.
4. "Membership association" means a not-for-profit entity which has
been created or organized for a charitable, philanthropic, educational,
political, social or other similar purpose.
5. "Place of employment" means any indoor area or portion thereof
under the control of an employer in which employees of the employer
perform services, and shall include, but not be limited to, offices,
school grounds, retail stores, banquet facilities, theaters, food
stores, banks, financial institutions, factories, warehouses, employee
cafeterias, lounges, auditoriums, gymnasiums, restrooms, elevators,
hallways, museums, libraries, bowling establishments, employee medical
facilities, rooms or areas containing photocopying equipment or other
office equipment used in common, and company vehicles.
6. "School grounds" means any building, structure, and surrounding
outdoor grounds contained within a public or private pre-school, nursery
school, elementary or secondary school' s legally defined property
boundaries as registered in a county clerk' s office, and any vehicles
used to transport children or school personnel.
7. "Retail tobacco business" means a sole proprietorship, limited
liability company, corporation, partnership or other enterprise in which
the primary activity is the retail sale of tobacco products and
accessories, and in which the sale of other products is merely
incidental.
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-0 - Smoking restrictions.
Universal Citation: NY Pub Health L § 1399-0 (2012)
§ 1399-o. Smoking restrictions. 1. Smoking shall not be permitted and
no person shall smoke in the following indoor areas:
a. places of employment;
b. bars;
c. food service establishments, except as provided in subdivision six
of section thirteen hundred ninety-nine-q of this article;
d. enclosed indoor areas open to the public containing a swimming
pool;
e. public means of mass transportation, including subways, underground
subway stations, and when occupied by passengers, buses, vans, taxicabs
and limousines;
f. ticketing, boarding and waiting areas in public transportation
terminals;
g. youth centers and facilities for detention as defined in sections
five hundred twenty-seven-a and five hundred three of the executive law;
h. any facility that provides child care services as defined in
section four hundred ten-p of the social services law, provided that
such services provided in a private home are excluded from this
subdivision when children enrolled in such day care are not present;
i. child day care centers as defined in section three hundred ninety
of the social services law and child day care centers licensed by the
city of New York;
j . group homes for children as defined in section three hundred
seventy-one of the social services law;
k. public institutions for children as defined in section three
hundred seventy-one of the social services law;
1. residential treatment facilities for children and youth as defined
in section 1.03 of the mental hygiene law;
m. all public and private colleges, universities and other educational
and vocational institutions, including dormitories, residence halls, and
other group residential facilities that are owned or operated by such
colleges, universities and other educational and vocational
institutions, except that these restrictions shall not apply in any
off-campus residential unit occupied by a person who is not enrolled as
an undergraduate student in such college, university or other
educational or vocational institution;
n. general hospitals and residential health care facilities as defined
in article twenty-eight of this chapter, and other health care
facilities licensed by the state in which persons reside; provided,
however, that the provisions of this subdivision shall not prohibit
smoking by patients in separate enclosed rooms of residential health
care facilities, adult care facilities established or certified under
title two of article seven of the social services law, community mental
health residences established under section 41.44 of the mental hygiene
law, or facilities where day treatment programs are provided, which are
designated as smoking rooms for patients of such facilities or programs;
o. commercial establishments used for the purpose of carrying on or
exercising any trade, profession, vocation or charitable activity;
p. indoor arenas;
q. zoos; and
r. bingo facilities.
2. Smoking shall not be permitted and no person shall smoke in the
following outdoor areas:
a. ticketing, boarding or platform areas of railroad stations operated
by the metropolitan transportation authority or its subsidiaries.
b. on the grounds of general hospitals and residential health care
facilities as defined in article twenty-eight of this chapter, within
fifteen feet of a building entrance or exit or within fifteen feet of
the entrance to or exit from the grounds of any such general hospital or
residential health care facility. This subdivision shall not prohibit
smoking by a patient or a visitor or guest of a patient of a residential
health care facility in a separate area on the grounds designated as a
smoking area by the residential health care facility, provided such
designated smoking area is not within thirty feet of any building
structure (other than a non-residential structure wholly contained
within the designated smoking area), including any overhang, canopy,
awning, entrance, exit, window, intake or exhaust.
3. Smoking shall not be permitted and no person shall smoke within one
hundred feet of the entrances, exits or outdoor areas of any public or
private elementary or secondary schools; provided, however, that the
provisions of this subdivision shall not apply to smoking in a
residence, or within the real property boundary lines of such
residential real property. The provisions of section thirteen hundred
ninety-nine-p of this article shall not apply to this subdivision.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-0-1 - Smoking restrictions; certain outdoor areas.
Universal Citation: NY Pub Health L § 1399-0-1 (2012)
§ 1399-o-1. Smoking restrictions; certain outdoor areas. 1. Smoking
shall not be permitted and no person shall smoke during the hours
between sunrise and sunset, when one or more persons under the age of
twelve are present at any playground. For the purposes of this section,
the term "playground" means an improved area designed, equipped, and set
aside for play of six or more children which is not intended for use as
an athletic playing field or athletic court, and shall include any play
equipment, surfacing, fencing, signs, internal pathways, internal land
forms, vegetation, and related structures. Playgrounds or playground
equipment constructed upon one, two and three-family residential real
property are exempt from the requirements of this section. This section
shall not apply to any playground located within the city of New York.
2. No police officer, peace officer, regulatory officer or law
enforcement official may arrest, ticket, stop or question any person
based solely or in part on an alleged violation of subdivision one of
this section, nor may an alleged violation of subdivision one of this
section support probable cause to conduct any search or limited search
of any person or his or her immediate surroundings.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-P - Posting of signs.
Universal Citation: ICY Pub Health L § 1399-P (2012)
§ 1399-p. Posting of signs. 1. "Smoking" or "No Smoking" signs, or
the international "No Smoking" symbol, which consists of a pictorial
representation of a burning cigarette enclosed in a circle with a bar
across it, shall be prominently posted and properly maintained where
smoking is regulated by this article, by the owner, operator, manager or
other person having control of such area.
2. The owner, operator or manager of a hotel or motel that chooses to
develop and implement a smoking policy for rooms rented to guests shall
post a notice at the reception area of the establishment as to the
availability, upon request, of rooms in which no smoking is allowed.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-Q - Smoking restrictions inapplicable.
Universal Citation: NY Pub Health L § 1399-Q (2012)
§ 1399-q . Smoking restrictions inapplicable. This article shall not
apply to:
1. Private homes, private residences and private automobiles;
2. A hotel or motel room rented to one or more guests;
3. Retail tobacco businesses;
4. Membership associations; provided, however, that smoking shall only
be allowed in membership associations in which all of the duties with
respect to the operation of such association, including, but not limited
to, the preparation of food and beverages, the service of food and
beverages, reception and secretarial work, and the security services of
the membership association are performed by members of such membership
association who do not receive compensation of any kind from the
membership association or any other entity for the performance of such
duties;
5. Cigar bars that, in the calendar year ending December thirty-first,
two thousand two, generated ten percent or more of its total annual
gross income from the on-site sale of tobacco products and the rental of
on-site humidors, not including any sales from vending machines, and is
registered with the appropriate enforcement officer, as defined in
subdivision one of section thirteen hundred ninety-nine-t of this
article. Such registration shall remain in effect for one year and shall
be renewable only if: (a) in the preceding calendar year, the cigar bar
generated ten percent or more of its total annual gross income from the
on-site sale of tobacco products and the rental of on-site humidors, and
(b) the cigar bar has not expanded its size or changed its location from
its size or location since December thirty-first, two thousand two;
6. Outdoor dining areas of food service establishments with no roof or
other ceiling enclosure; provided, however, that smoking may be
permitted in a contiguous area designated for smoking so long as such
area : (a) constitutes no more than twenty-five percent of the outdoor
seating capacity of such food service establishment, (b) is at least
three feet away from the outdoor area of such food service establishment
not designated for smoking, and (c) is clearly designated with written
signage as a smoking area; and
7. Enclosed rooms in food service establishments, bars, catering
halls, convention halls, hotel and motel conference rooms, and other
such similar facilities during the time such enclosed areas or rooms are
being used exclusively for functions where the public is invited for the
primary purpose of promoting and sampling tobacco products, and the
service of food and drink is incidental to such purpose, provided that
the sponsor or organizer gives notice in any promotional material or
advertisements that smoking will not be restricted, and prominently
posts notice at the entrance of the facility and has provided notice of
such function to the appropriate enforcement officer, as defined in
subdivision one of section thirteen hundred ninety-nine-t of this
article, at least two weeks prior to such function. The enforcement
officer shall keep a record of all tobacco sampling events, and such
record shall be made available for public inspection. No such facility
shall permit smoking under this subdivision for more than two days in
any calendar year.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-R - General provisions.
Universal Citation: NY Pub Health L § 1399-P (2012)
§ 1399-r. General provisions. 1. Nothing in this article shall be
construed to deny the owner, operator or manager of a place covered by
this article the right to designate the entire place, or any part
thereof, as a nonsmoking area.
2. The provisions of this article shall apply to the legislative,
executive and judicial branches of state government and any political
subdivision of the state.
3. Smoking may not be permitted where prohibited by any other law,
rule, or regulation of any state agency or any political subdivision of
the state. Nothing herein shall be construed to restrict the power of
any county, city, town, or village to adopt and enforce additional local
law, ordinances, or regulations which comply with at least the minimum
applicable standards set forth in this article.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-S - Violations.
Universal Citation: NY Pub Health L § 1399-S (2012)
§ 1399-s. Violations. 1. It shall be unlawful for any person, firm,
limited liability company, corporation or other entity that owns,
manages, operates or otherwise controls the use of an area in which
smoking is prohibited or restricted pursuant to section thirteen hundred
ninety-nine-o of this article to fail to comply with the provisions of
this article. For violations of this subdivision, it shall be an
affirmative defense that during the relevant time period actual control
of the area was not exercised by the respondent, but rather by a lessee,
the sublessee or any other person. To establish an affirmative defense,
the respondent shall submit an affidavit and may submit any other
relevant proof indicating that the respondent did not exercise actual
control of said area during the relevant time period. Such affidavit and
other proof shall be mailed by certified mail to the appropriate
enforcement officer within thirty days of receipt of such notice of
violation.
2. It shall be unlawful for an employer whose place of employment is
subject to subdivision one of section thirteen hundred ninety-nine-o of
this article to fail to comply with the provisions of such subdivision.
For violations of such subdivision, it shall be an affirmative defense
that the employer has made good faith efforts to ensure that employees
comply with the provisions of this article.
3. It shall be unlawful for any person to smoke in any area where
smoking is prohibited or restricted under section thirteen hundred
ninety-nine-o of this article.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-T - Enforcement.
Universal Citation: NY Pub Health L § 1399-T (2012)
§ 1399-t. Enforcement. 1. For the purpose of this article the term
"enforcement officer" shall mean the board of health of a county or part
county health district established pursuant to title three of article
three of this chapter, or in the absence thereof, an officer of a county
designated for such purpose by resolution of the elected county
legislature or board of supervisors adopted within sixty days after the
effective date of this article. Any such designation shall be filed with
the commissioner within thirty days after adoption. If no such
designation is made, the county will be deemed to have designated the
department as its enforcement officer. Any county that does not
designate an enforcement officer during the time period specified above
may do so at any time, thereafter, such designation will be effective
thirty days after it is filed with the commissioner. The enforcement
officer shall have sole jurisdiction to enforce the provisions of this
article on a county-wide basis pursuant to rules and regulations
promulgated by the commissioner. In a city with a population of more
than one million the enforcement officer shall be the department of
health and mental hygiene of such city which shall have sole
jurisdiction to enforce the provisions of this article in such city.
2. If the enforcement officer determines after a hearing that a
violation of this article has occurred, a civil penalty may be imposed
by the enforcement officer pursuant to section thirteen hundred
ninety-nine-v of this article. When the enforcement officer is the
commissioner, the hearing shall be conducted pursuant to the provisions
of section twelve-a of this chapter. When the enforcement officer is a
board of health or in a city with a population of more than one million,
the department of health and mental hygiene, or an officer designated to
enforce the provisions of this article, the hearing shall be conducted
pursuant to procedures set forth in the county sanitary code, or health
code of such city, or in the absence thereof, pursuant to procedures
established by the elected county legislature or board of supervisors.
No other penalty, fine or sanction may be imposed, provided that nothing
herein shall be construed to prohibit an enforcement officer from
commencing a proceeding for injunctive relief to compel compliance with
this article.
3. Any person who desires to register a complaint under this article
may do so with the appropriate enforcement officer.
4. The owner, manager, operator or other person having control of any
area subject to the provisions of this article, shall inform, or shall
designate an agent who shall be responsible for informing individuals
smoking in an area in which smoking is not permitted that they are in
violation of this article.
5. Any person aggrieved by the decision of an enforcement officer
other than the commissioner may appeal to the commissioner to review
such decision within thirty days of such decision. The decision of any
enforcement officer shall be reviewable pursuant to article
seventy-eight of the civil practice law and rules.
6. The enforcement officer, subsequent to any appeal having been
finally determined, may bring an action to recover the civil penalty
provided in section thirteen hundred ninety-nine-v of this article in
any court of competent jurisdiction.
7. An enforcement officer who discovers a retail dealer who or which
does not display a retail dealer certificate of license or registration
from the department of taxation and finance issued pursuant to section
four hundred eighty-a of the tax law shall notify the commissioner of
taxation and finance within thirty days of the name and address of any
such establishment so that the commissioner of taxation and finance can
take appropriate action.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-U - Waiver.
Universal Citation: NY Pub Health L_ § 1399-U (2012)
§ 1399-u. Waiver. 1. The enforcement officer may grant a waiver from
the application of a specific provision of this article, provided that
prior to the granting of any such waiver the applicant for a waiver
shall establish that:
(a) compliance with a specific provision of this article would cause
undue financial hardship; or
(b) other factors exist which would render compliance unreasonable.
2. Every waiver granted shall be subject to such conditions or
restrictions as may be necessary to minimize the adverse effects of the
waiver upon persons subject to an involuntary exposure to second-hand
smoke and to ensure that the waiver is consistent with the general
purpose of this article.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-V - Penalties.
Universal Citation: NY Pub Health L § 1399-V (2012)
§ 1399-v. Penalties. The commissioner may impose a civil penalty for
a violation of this article in an amount not to exceed that set forth in
subdivision one of section twelve of this chapter. Any other enforcement
officer may impose a civil penalty for a violation of this article in an
amount not to exceed that set forth in paragraph f of subdivision one of
section three hundred nine of this chapter.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-W - Limitation of causes of action.
Universal Citation: NY Pub Health L § 1399-W (2012)
§ 1399-w. Limitation of causes of action. An employer, administrator,
manager, owner or operator of any indoor area, food service
establishment, or place of employment regulated by this article who
complies or fails to comply with the provisions of this article shall
not be subject to any legal liability or action solely as a result of
such compliance or noncompliance except as provided in section thirteen
hundred ninety-nine-v of this article. Nothing in any other section of
this article shall be construed to create, impair, alter, limit, modify,
enlarge, abrogate or restrict any theory of liability upon which any
person may be held liable to any other person for exposure to smoke.
2013 New York Consolidated Laws
PBH - Public Health
Article 13-E - (1399-N - 1399-X) REGULATION OF SMOKING IN
CERTAIN PUBLIC AREAS
1399-X - Rules and regulations.
Universal Citation: NY Pub Health L § 1399-X (2012)
§ 1399-x. Rules and regulations. The commissioner shall not promulgate
any rules or regulations to effectuate the provisions of section
thirteen hundred ninety-nine-n, paragraph f of subdivision one of
section thirteen hundred ninety-nine-o or subdivision one of section
thirteen hundred ninety-nine-p of this article. The commissioner shall
not promulgate any rules or regulations that create, limit or enlarge
any smoking restrictions.