LL #02-2010NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
County
City of WAPPINGER
Town
Village
Local Law No.
of the year 20 10
A local law entitled Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town Code
(insert Title)
entitled, "Smoking and Tobacco Use Prohibited."
Be it enacted by the Town Board of the
(Name of LegislativeBody)
❑ County
❑ City of Wappinger
O Town
❑ Village
(See Local Law Attached)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO.2 OF THE YEAR 2010
A Local Law entitled Local Law No. 2 of the Year 2010, Creating Chapter 201 of the Town
Code entitled, "Smoking and Tobacco Use Prohibited."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No. 2 of the
Year 2010, Creating Chapter 201 of the Town Code entitled, "Smoking and Tobacco Use
Prohibited."
Section H: Legislative Intent:
The Town Board acknowledges that significant health risks have been determined to be
attributable to environmental tobacco smoke (ETS) including lung cancer, heart disease,
respiratory infection and decreased respiratory function. According to the United States
Environmental Protection Agency (EPA), ETS, also known as secondhand smoke, has proven to
be carcinogenic and has been designated a Group A Carcinogen responsible for three thousand
(3,000) lung cancer deaths each year in non-smoking adults, and tobacco smoking is responsible
for the premature deaths of over four hundred forty thousand (440,000) Americans each year
from lung cancer, heart disease, respiratory illness and other disease. The EPA also concludes
that ETS causes other significant health problems in adults and children, including increasing the
risks of respiratory and middle ear disease, and has contributed to an estimated one hundred fifty
thousand (150,000) to three hundred thousand (300,000) cases of bronchitis and pneumonia in
infants and young children each year. Tobacco kills more Americans each year than alcohol,
cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS. It is estimated that eighty
percent (80%) of smokers started before the age of eighteen (18), and the average age of
initiation is twelve (12) years.
Exposure to ETS significantly worsens the condition of up to one million asthmatic
children and contributes to an estimated twenty-six thousand (26,000) new cases of asthma each
year. Tobacco smoking, tobacco use, and involuntary exposure to ETS present a substantial and
serious health risk to children, residents, and workers of the Town of Wappinger. It is the intent
of this Town Board to preserve and improve the public health and to help promote role model
non-smoking behavior to children and youth and to provide the residents and workers of the
Town of Wappinger and their families with a safe, smoke-free environment.
Section III: Creation of Chapter 201: "SMOKING AND TOBACCO USE PROHIBITED."
Chapter 201 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 201
§ 201-1. Definitions.
A. "Town owned building" shall mean any building, structure or enclosed outdoor area
owned, leased, used or operated by the Town of Wappinger or any of its departments,
and used for the conduct of public business, including but not limited to, the Town Hall,
the Emergency Services Building, the Highway Department Buildings, and any
buildings, structures or enclosed areas located at any Town owned park, recreation area,
playground including, but not limited to, all buildings located at the Carnwarth Estate,
Schlathaus Park, Pye Lane recreation areas and tennis courts, Robinson Lane recreation
areas, etc.
B. "Town owned parks, recreation areas or playgrounds" shall include all parks,
playgrounds and recreation areas owned, leased, used, operated and maintained by the
Town of Wappinger, or the Town of Wappinger Recreation Committee, including but
not limited to, the Robinson Lane Recreation Fields, the Pye Lane Recreation Facilities,
Schlathaus Park, Airport Drive Recreation Field, Quiet Acres Recreation Field, Castle
Point Recreation Park, etc.
C. "Smoking" means 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.
D. "Tobacco use" shall include smoking and the chewing of tobacco.
§ 201-2. Smoking and Tobacco Use Prohibited.
A. Tobacco smoking and tobacco use shall be prohibited in all Town owned buildings,
owned, leased, used, operated or maintained by the Town of Wappinger or any
department of the Town of Wappinger without exception.
B. Tobacco smoking and tobacco use shall also be prohibited within twenty (20) feet of any
Town owned building not located in a park, recreation area or playground such as the
Town Hall, the Emergency Services Building, the Highway Department buildings or the
buildings at the Carnwath Estate in the area not covered by the Preservation Covenant.
C. Tobacco smoking and tobacco use shall be prohibited in all Town owned parks,
playgrounds, and recreation areas.
D. The Town Board further determines and declares that all Town owned parks,
playgrounds and recreation areas shall be designated as "Tobacco Free Zones".
§ 201-3. Posting of "Smoking and Tobacco Use Prohibited" Signs.
"Smoking and Tobacco Use Prohibited" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted at
each entrance to any Town owned building or facility where smoking is prohibited
including all Town owned or leased buildings and at all Town owned public parks,
public playgrounds and public recreation areas.
"Tobacco Free Zone" signs shall also be posted at the entrances to each Town owned
park, recreation area and playground.
§ 201-4. Enforcement.
This Local Law shall be enforced by the Code Enforcement Officers of the Town of
Wappinger, any police agency having jurisdiction in the Town of Wappinger
including, but not limited to, the New York State Police or the Dutchess County
Sheriff.
§ 201-5. Violation and Penalties.
A. It is a violation for any person to smoke or use tobacco in any area where smoking is
prohibited by the provisions of this Local Law.
B. Any person who is convicted of violating any provision of this Article shall be subject
to a civil fine not to exceed Two Hundred Dollars ($200.00) per violation."
Section IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law"
shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and
any such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section V: Severability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent that this Local Law would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part thereof is
held inapplicable, had been specifically exempt therefrom.
Section VI: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 10 of
the (iil)((Town)(1XIike) of Wappinger was duly passed by the
Town Board on August, 16th 20 10 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 -and was (approved)(notapproved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 _ of
was duly passed by the
on 20 -and was (approved)( not approved)
(Elective Chief Executive Officer*)
KII
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 > in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of
the (County)(City)(Town)(Village) of
was duly passed by the
on 20 - and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
Such local
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 — of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 — of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 , above.
Clerkt e county legislative body, City, Town or Village Clerk or
officer esignated by local legislative body
(Seal) Date:S i 1% d
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
Wappinger
Date:
DOS -239 (Rev. 05/05) Page 3 of 3