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HomeMy WebLinkAboutTOR RES 530 Vvt RPgpSp£S,SAS vE0.PP(IGP[SSIIM Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 29, 2014 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #530 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on July 15, 2014 Resolution #530 —ADOPTS A LOCAL LAW AMENDING CHAPTER 38 ENTITLED "SMOKING' OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260. Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 �• e Y'! l/C[ETPgp,,pfpIT45 RRPPaGPE55t1A1 1t Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 29, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm(a-),townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting July 15, 2014 7:00 P.M. Resolution #530 —ADOPTS A LOCAL LAW AMENDING CHAPTER 38 ENTITLED "SMOKING" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 07.15.14 ADOPTED 140530 - TOWN OF RIVERHEAD Resolution#530 ADOPTS A LOCAL LAW TO ADD A CHAPTER 38 ENTITLED "SMOKING" OF THE RIVERHEAD TOWN CODE Councilwoman Gigliooffered the following resolution, which was seconded by Councilman Dunleavy WHEREAS, the Town Clerk was authorized to publish and post a public notice to hear all interested persons to consider the addition of Chapter 38 entitled,"Smoking"of the Riverhead Town Code(Town Code"); and WHEREAS, a public hearing was held on the Vt day of July, 2014 at 2:05 o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the date, time and place specified in said public notice, and all persons wishing to be heard were heard. NOW THEREFORE BE IT RESOLVED, that the local law adding Chapter 38 entitled, "Smoking" of the Town Code is hereby adopted as specified in the attached notice of adoption; and be it further RESOLVED, that the Town Clerk is hereby authorized to publish the attached notice of adoption once in the News-Review Newspaper and to post same on the signboard at Town Hall; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio®Yes ❑No Gabrielsen -ABSENT Wooten®Yes ❑No Dunleavy®Yes ❑No Walter ®Yes ❑No The Resolution Was ®Was Not❑ Thereupon Duly Declared Adopted TOWN OF RIVERHEAD NOTICE OF ADOPTION PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted a local law a new Chapter 38 Entitled "Smoking" of the Riverhead Town Code, at its regular meeting held on July 15, 2014. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 38 SMOKING 38- 1 Legislative Intent. 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 Protections Agency (EPA) make clear that ETS, or secondhand smoke is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmokers. B. This Legislature also finds and determines that although smoking is prohibited in Town facilities within the Town of Riverhead people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Riverhead declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by protecting smoking and tobacco use by persons at a non-designated areas The odor from smoking tobacco products and litter caused by improper disposal of cigarette butts in public areas can significantlV reduce the enjoyment of 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. C. Smoking and tobacco use are not prohibited in areas specifically designated and suitably equipped for that purpose. 38- 2 Definitions. As used in this chapter the following terms phrase words and their derivatives shall have the meanings given: TOBACCO USE — includes smoking and the chewing of tobacco SMOKING — to inhale or exhale the smoke of burninq tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke-producing product or device including pipes. 38- 3 Smoking and Tobacco Use Prohibited. 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, cigarellos, pipes, and the like in Town of Riverhead parks recreation areas, playgrounds, and beaches. Such conduct is prohibited except where conspicuously designated "Smoking Permitted"or otherwise. B. Smoking is prohibited within a fifty (50') foot radius of all entrances to all Town buildings and facilities within the Town of Riverhead which are either owned or leased by the Town of Riverhead and which are designated as accessible by the public. C. The Town further determines and declares that all Town of Riverhead owned parks, playgrounds and recreational areas shall be designated "Tobacco-Free Zones". D. Except as otherwise provided in this code, smoking and or tobacco use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this chapter. 38- 4 Penalties for offenses. A person who commits or permits any acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this chapter 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 fifty $50.00 dollars and not more than one hundred ($100.00) dollars. 38- 5 Severability. If any clause, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm partnership entity, or circumstance shall be adjudged by any court of competent iurisdiction to be invalid or unconstitutional, such order or iudqment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, paragraph subdivision section or part of this chapter or the application thereof to any person, individual corporation firm Partnership,-entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York July 15, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk Town of Riverhead Local Law # 7- 2014 CHAPTER 38 SMOKING § 38-1. Legislative Intent. 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 Protections Agency (EPA) make clear that ETS, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmokers. B. This Legislature also finds and determines that although smoking is prohibited in Town facilities within the Town of Riverhead, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Riverhead declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by protecting smoking and tobacco use by persons at a non-designated areas. The odor from smoking tobacco products and litter caused by improper disposal of cigarette butts in public areas can significantly reduce the enjoyment of 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. C. Smoking and tobacco use are not prohibited in areas specifically designated and suitably equipped for that purpose. § 38-2. Definitions. As used in this chapter the following terms, phrase, words, and their derivatives shall have the meanings given: TOBACCO USE — includes smoking and the chewing of tobacco. SMOKING — to inhale or exhale the smoke of burning tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes. § 38-3. Smoking and Tobacco Use Prohibited. 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, cigarellos, pipes, and the like, in Town of Riverhead parks, recreation areas, playgrounds, and beaches. Such conduct is prohibited except where conspicuously designated "Smoking Permitted" or otherwise. B. Smoking is prohibited within a fifty (50') foot radius of all entrances to all Town buildings and facilities within the Town of Riverhead which are either owned or leased by the Town of Riverhead and which are designated as accessible by the public. C. The Town further determines and declares that all Town of Riverhead owned parks, playgrounds, and recreational areas shall be designated "Tobacco-Free Zones". D. Except as otherwise provided in this code, smoking and or tobacco use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this chapter. § 38-4. Penalties for offenses. A person who commits or permits any acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this chapter 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 fifty $50.00 dollars and not more than one hundred ($100.00) dollars. § 38-5. Severability. If any clause, paragraph, subdivision, section or part of this chapter 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 effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.