Chapter 72: SMOKING
[HISTORY: Adopted by Tompkins County as indicated
in article histories. Amendments noted where applicable.]
SOURCE: CLICK
HERE & USE SEARCH WORD "TOBACCO"
ARTICLE I County-Owned or -Occupied Buildings or Vehicles [Adopted
by the Board of Supervisors (now County Legislature) 7-10-1990 by L.L.
No. 6-1990]
§ 72-1. Legislative intent.
This article implements the smoking policy adopted by the Tompkins
County Board of Representatives as a result of negotiations with the
Tompkins County Unit, Local 855, Civil Service Employees' Association,
Inc. and the Tompkins County Deputy Sheriffs' Association and reflects
said Board's concern for the health and safety of County employees and
members of the general public that use County-owned or -occupied buildings
and vehicles.
§ 72-2. Prohibitions.
No person shall smoke or carry a lighted cigar, cigarette, pipe, or
any other form of smoking object or device in any County-owned or -occupied
building or vehicle.
§ 72-3. Construal of provisions.
Insofar as the provisions of this article are inconsistent with the
provisions of any other local law or act, the provisions of this article
shall be controlling.
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ARTICLE II Places of Employment, Restaurants
and Taverns [Adopted by the County Legislature 8-5-2003 by L.L. No.
3-2003]
§ 72-4. Purpose.
This article implements smoking restriction designed to protect the
health and safety of County residents.
§ 72-5. Legislative intent.
A. The Tompkins County Legislature declares that the intent and purpose
of this article is to preserve and improve the public's health by improving
indoor air quality in bars, restaurants and places of employment.
B. This Legislature hereby finds that the effects of secondary and tertiary
smoke generated by the smoking of cigars, cigarettes, pipes and similar
articles poses a threat to the health, safety and well-being of the
citizens of the County who do not smoke.
C. This Legislature further finds that the Surgeon General's 1984 report
on smoking hazards for the first time linked high levels of involuntary
smoke exposure to reduced breathing ability in passive smokers, buttressing
the need to provide more protection to nonsmokers in public settings.
D. This Legislature further finds and determines that human health is
seriously threatened by exposure to environmental tobacco smoke (ETS)
and that recent findings by the federal Environmental Protection Agency
(EPA) make clear that ETS, or secondhand smoke, is a human carcinogen
responsible for lung cancer deaths in nonsmoking adults.
E. This Legislature finds that the EPA has concluded that exposure to
ETS increases the risks of respiratory and middle ear diseases in children,
contributing to cases of bronchitis and pneumonia in infants and young
children. Further, exposure to ETS significantly worsens the condition
of asthmatic children and contributes to new cases of asthma in once-healthy
children.
F. This Legislature finds that primary tobacco use is a major cause
of mortality and morbidity, directly causing an estimated 434,000 deaths
per year in the United States, more deaths than are caused by the use
of any other legal or illegal substance or drug.
G. This Legislature further finds that individuals are subject to ETS
at their places of employment and have no practical alternative but
to suffer the exposure so as to keep their employment.
H. Therefore, the purpose of this legislation is to place reasonable
limitations on smoking within the County while striking a balance between
the health needs of all nonsmoking individuals, the rights of smokers
and the imposition of regulatory burdens on business.
§ 72-6. Definitions.
As used in this article, the following terms shall have the meanings
indicated: BAR — 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.
FOOD-SERVICE ESTABLISHMENT — Any area, including outdoor seating
areas, or portion thereof in which the business is the sale of food
for on-premises consumption.
PLACE OF EMPLOYMENT — 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.
SMOKING — The burning of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco.
§ 72-7. Smoking restrictions.
A. Smoking shall not be permitted and no person shall smoke in the
following areas:
(1) Places of employment;
(2) Bars;
(3) Food service establishments.
B. This article shall in no way limit any restriction on smoking imposed
by state law.
C. The exceptions and defenses that exist in Article 13-E of State Public
Health Law as of July 25, 2003, are incorporated into this article.
§ 72-8. Enforcement.
A. For the purpose of this article the term “enforcement officer”
shall mean the Tompkins County Board of Health, or its designee.
B. If the enforcement officer determines after a hearing that a violation
of this article has occurred, a penalty may be imposed by the enforcement
officer pursuant to this article. Nothing herein shall be construed
to prohibit an enforcement officer from commencing a proceeding for
injunctive relief to compel compliance with this article.
C. The enforcement officer may bring an action to recover all penalties
provided in this article as well as for all cost and attorneys fees
incurred as a result of any violation of this article.
D. The owner, operator, manager, or person in charge of any premises
subject to this article shall permit the Director of the County Health
Department or designee entrance to the facility to determine compliance
with this article.
§ 72-9. Penalties for offenses.
A. It shall be unlawful 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 unlawful for any person to smoke in any area where smoking
is prohibited by the provisions of this article.
C. Penalty by the Board of Health. Pursuant to the provisions of §
309 of the Public Health Law, the Board of Health may impose a penalty
not to exceed $1,000 upon a person for any violation of or failure to
comply with any provisions of this article or any order made pursuant
to such article after holding a hearing thereon. Each day on which such
violation or failure continues shall constitute a separate offense.
Nothing herein contained shall be construed to exempt an offender from
any other prosecution or penalty provided by law.
§ 72-10. Severability.
If any section of this article or the application thereof to any individual,
partnership, or circumstance shall be adjudged invalid or unconstitutional
by any court of competent jurisdiction, such order or judgment shall
not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the controversy in which such order or
judgment was rendered.
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Chapter 155: TOBACCO SALES, SELF-SERVE
[HISTORY: Adopted by the Board of Representatives
of Tompkins County 6-2-1998 by L.L. No. 3-1998. Amendments noted where
applicable.
SOURCE: CLICK HERE & USE SEARCH WORD "TOBACCO"
§ 155-1. Purpose.
Prohibiting the self-service sales and open displays of tobacco products
will promote the health, safety and welfare of residents of Tompkins
County under the age of 18 by making it more difficult for such minors
to purchase tobacco products.
§ 155-2. Definitions.
The following words and phrases, whenever used in this chapter, shall
be construed as defined in this section: BAR — As defined in Subdivision
2 of § 1399-n of the Public Health Law.
BUSINESS — Any sole proprietorship, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold, as well as professional
corporations and other entities where legal, medical, engineering, architectural
or other professional services are delivered.
PERSON — Any individual, partnership, cooperative association,
private corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
SELF-SERVICE MERCHANDISING — Open display of tobacco products
that the public has access to without the intervention of an employee.
TOBACCO BUSINESS — As defined as in Subdivision 13 of § 1399-n
of the Public Health Law.
TOBACCO PRODUCT — Any tobacco cigarette, cigar, pipe tobacco,
smokeless tobacco, snuff or any other form of tobacco which may be utilized
for smoking, chewing, inhalation or other manner of ingestion.
TOBACCO RETAILER — Any person or governmental entity that operates
a store, stand, booth, concession, or other place at which sales of
tobacco products are made to purchasers for consumption or use.
§ 155-3. Regulation of the sale of tobacco products.
No person, business, or tobacco retailer shall sell, permit to be sold,
offer for sale or display any tobacco product by means of self-service
merchandising. This section shall not apply to the sale of tobacco products
in vending machines located in a bar or in vending machines in the bar
area of a food service establishment with a valid on-premises full liquor
license or in a tobacco business.
§ 155-4. Penalties for offenses.
Any person, business, tobacco retailer, or owner, manager or operator
of any establishment subject to this chapter who fails to comply with
any provision of this chapter shall be guilty of a violation as defined
by § 55.00 of the Penal Law and be subject to a fine of up to $1,000
for a first violation and a fine up to $2,500 for a second or succeeding
violation or by imprisonment of not more than 15 days, or by both such
fine and imprisonment. Any peace officer or police officer within the
County of Tompkins is authorized to enforce this chapter. The County
Board of Health and the Public Health Director are authorized to enforce
this chapter in the same manner as a violation of the County Sanitary
Code.
§ 155-5. Waiver. [Added 12-15-1998 by L.L. No.
6-1998]
Any person, business, tobacco retailer or owner, manager or operator
of any establishment subject to this chapter may request a waiver from
strict compliance with its provisions. Such request must be in writing,
addressed to the Tompkins County Board of Health and shall set forth
and document the reason strict compliance will cause a significant hardship
to the applicant. The request shall also state alternative means of
compliance. The Board of Health shall consider the request and either
deny the request or grant the request, subject to such conditions as
the Board of Health shall impose in order that the purpose and intent
of this chapter will be achieved, that is, to make it difficult for
minors to purchase or obtain tobacco products.
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