TOWN OF RIVERHEAD
PLEASE TAKE NOTICE, that a public hearing will be held before the Town Board of the Town of Riverhead, at 200 Howell Avenue, Riverhead, New York on the 18th day of May, 2022 at 6:25 p.m. to amend Chapter 271 of the Riverhead Town Code entitled, “SMOKING ” as follows:
Chapter 271. Smoking
§ 271-1. Findings
; and I intent.
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 ETS, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmokers.
At least four decades ago, our federal and state governments studied and reported on the overwhelming evidence that tobacco use and second hand smoke (SHS) also known as environmental tobacco smoke (ETC), a mixture of chemical compounds released into the air as gases and fine particles with at least 69 of the compounds identified as carcinogens or cancer-causing agents, caused a great health risk. In 2000, New York created the New York State Tobacco Control program (NYS TCP) and through the NYS TCP effectively implemented the Clean Indoor Air Act (CIAA) (Public Health Law, Article 13-E) which prohibited smoking in workplaces, bars, restaurants and other establishments and strongly enforced laws that restrict minors’ access to tobacco. In the past decade other less traditional methods of tobacco use, i.e. electronic cigarettes that delivers vapor which is inhaled by an individual user, requiring amendment to provisions of Public Health Law to address these methods of tobacco use. On March 31, 2021, the Marihuana Regulation & Taxation Act (MRTA) was signed into law. The MRTA legalized adult use cannabis (also known as marijuana) and amended the Public Health Law in relation to the definition of smoking. While the Town made findings and determinations regarding human health and adopted Local Law No. 7-2014, due to the changes in law and methods of tobacco and cannabis use, the Town seeks to amend and update the Town Code related to smoking and use prohibitions to promote a healthy and safe environment for all individuals, especially children.
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 nondesignated 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 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.
The Town Board of the Town of Riverhead determines and finds that Town-owned public buildings, accessed by all citizens of the Town of Riverhead, and Town-owned beaches, playgrounds and parks, with improvements predominately for the purpose of providing recreation for children, young adults and families, such that in order to protect and promote the public health, safety and welfare of the employees and citizens of the Town of Riverhead, it is necessary to restrict the acts of smoking and tobacco and cannabis use in and around Town-owned buildings, parks, recreation areas and playgrounds. In addition, the Town determines and finds that the protection and promotion of public, health, safety and welfare requires that the acts of smoking tobacco and cannabis at Town-sponsored and co-sponsored events and events requiring a permit pursuant to Chapter 255 be prohibited, except in areas designated and approved by the Town and conspicuously designated “Smoking Permitted”, This provision does not address nor is it intended to prohibit certified medical marijuana consumption in an ingestible and non-smoking form by a certified patient.
Smoking and tobacco use are not prohibited in areas specifically designated and suitably equipped for that purpose.
§ 271-2. Definitions.
As used in this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given:
Cannabis means all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
CANNABIS OR CANNABIS-INFUSED PRODUCTS
Cannabis or Cannabis-infused products means products that have been manufactured and contain either cannabis or concentrated cannabis and other ingredients that are intended for use or consumption.
ELECTRONIC CIGARETTE OR E-CIGARETTE
Electronic cigarette or e-cigarette means an electronic device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device.
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. Smoking means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or cannabis including the use of an electronic smoking device that creates an aerosol or vapor.
TOBACCO OR TOBACCO-INFUSED PRODUCT
“Tobacco or Tobacco-infused product” means any product, made wholly or in part of tobacco or of any other substance, irrespective of size or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, intended for consumption.
Includes smoking and the chewing of tobacco.
TOWN-OWNED BEACHES, PARKS AND PLAYGROUNDS
“Town-owned beaches, parks and playgrounds” includes all beaches, parks, playgrounds and recreation areas owned, leased, used, operated and maintained by the Town of Riverhead, including, but not limited to, Amerman Park, Bayberry Park, Grangebel Park, Stotsky Park, South Jamesport Beach, Veterans Memorial Park, and Wading River Beach.
TOWN OWNED BUILDING
“Town-owned building” means any building, structure or enclosed outdoor area owned, leased, used or operated by the Town of Riverhead or any of its departments and used for the conduct of public business, including, but not limited to, the Town Hall, Highway Department, and Town Justice Court and any buildings, structures or enclosed areas located at any Town-owned park, recreation area or playground.
§ 271-3. Smoking and tobacco use prohibited in certain locations.
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.
It shall be a violation of this chapter for any person to smoke tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products at all town-owned buildings and beaches, parks, playgrounds and recreational areas, except where conspicuously designated “Smoking Permitted” or otherwise.
Smoking is prohibited within a fifty-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.
In addition to § 271-3(A) above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited within 50’ of the property boundary of all town-owned buildings not located in at a beach, park, playground or recreation area.
In addition to § 271-3(A) above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited within 500’ of the property boundary of all town-owned buildings located within a beach, park, playground or recreation area and within 500′ of the boundary of all town-owned beaches, parks, playground and recreation areas.
In addition to § 271-3(A) and (B) above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited at any Town sponsored or co-sponsored event. In addition, the prohibition of smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis products shall be applicable to Chapter 255 events as follows: along or within 50’ of highways, roadways, sidewalks and right of ways included and made part of a parade route, within 50’ of an area included and made part of a place of assembly, and within 50’ of an area designated and made part of a special event, except in areas designated and approved by the Town and conspicuously designated “Smoking Permitted”.
In addition to § 271-3(A) above, the smoking of tobacco or cannabis, including the use of an electronic smoking device that creates an aerosol or vapor, and use of tobacco or cannabis (commonly referred to as marijuana) products is prohibited The Town further determines and declares that all Town-owned of
Riverhead owned parks, recreation areas and playgrounds , and recreational areas shall be designated as tobacco and cannabis free zones. “Tobacco-Free Zones.”
Except as otherwise provided in this Code, smoking and/or tobacco or cannabis use in areas designated as “Smoking Permitted” are not to be considered conduct in violation of this chapter.
§ 271-4. 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 therefor and shall, upon conviction thereof, be subject to a fine or penalty of not less than $
50150.00 and not more than $ 100250.00.
Dated: Riverhead, New York
April 19, 2022
* Underline represents addition(s)
* Overstrike represents deletion(s)
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk