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2013-1372013-137 Introducing "Local Law No._ of the Year 2013 Amending Chapter 201 of the Town of Wappinger Code Entitled "Smoking and Tobacco Use Prohibited" At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on May 13, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers - Barbara Gutzler - William H. Beale (arrived at 7:59 PM) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, it has been brought to the attention of the Town Board that Chapter 201 of the Town of Wappinger Code entitled "Smoking and Tobacco Use Prohibited" currently does not prohibit tobacco smoking and tobacco use in Town owned motor vehicles, trucks and motor equipment; and WHEREAS, the Town Board finds that smoking tobacco and tobacco use is detrimental to the health and~safety of the public as well as Town employees and has determined that it is in the best interest of the public and Town employees to prohibit tobacco smoking and the use of tobacco in all Town owned motor vehicles, trucks and motor equipment; and WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. of the Year 2013 in the form annexed hereto. 3. The Town Board determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of Wappinger and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day of June 2013, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 5/13/2013 The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK I LOCAL LAW NO. OF THE YEAR 2013 A Local Law entitled "Local Law No. - of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code entitled `Smoking and Tobacco Use Prohibited'." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Sec_ tion I: Title. This Local Law shall be known and cited as Town of Wappinger "Local Law No. - of the Year 2013, Amending Chapter 201 of the Town of Wappinger Code entitled `Smoking and Tobacco Use Prohibited"' and by the adoption thereof, shall amend Section 201-2.A. of the Town of Wappinger Code to include the prohibition of tobacco smoking and tobacco use in all Town owned motor vehicles, trucks and motor equipment. Section II: Lesislative Intent. It has been brought to the attention of the Town Board that Chapter 201 of the Town of Wappinger Code entitled "Smoking and Tobacco Use Prohibited" currently does not prohibit tobacco smoking and tobacco use in Town owned motor vehicles, trucks and motor equipment. The Town Board finds that smoking tobacco and tobacco use is detrimental to the health and safety of the public as well as Town employees and has determined that it is in the best interest of the public and Town employees to prohibit tobacco smoking and the use of tobacco in all Town owned motor vehicles, trucks and motor equipment. C:\Documents attd Settings\CFultonU.oca1 Settings\Temporary intemet Files\Content.0utlook\YU9RYGJF\Local Law.doc Section III: Amendment to the Code. Section 201-2.A. of the Town of Wappinger Code is hereby amended to read as follows: "§ 201-2. Smokin and Tobacco Use Prohibited. A: Tobacco smoking and tobacco use shall be prohibited in all Town owned motor vehicles, trucks, motor equipment and buildings, owned, leased, used, operated or maintained by the Town of Wappinger or any department of the Town of Wappinger without exception." 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 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: Separability. The provisions of this Local Law are sepazable 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 of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, 2 -;. 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 law.