All state-owned beaches, boardwalks, marinas, playgrounds, recreation centers, and group camps are included in the ban. Smoking in these designated areas will be punishable with a civil fine of $50. The bill exempts the Adirondacks and Catskills from the ban as well as parking lots, sidewalks adjoining parks, and areas not used for park purposes.

Many municipalities and local governments, including the city of Jamestown, already have restrictions or bans on smoking in public spaces. This additional penalty will enforce a statewide prohibition and includes a fine that will be collected by localities.

Hochul said that in addition to the health risks posed by secondhand smoke, cigarette butts are a major environmental hazard due to the non-biodegradable filters that are discarded. She said they are the leading item found during clean-up projects and that parks and beaches will be kept more clean through the prohibition.

On Monday night the Jamestown City Council approved an amendment to the city code that bans smoking both cigarettes and e-cigarettes, along with the use of all other tobacco related products, from all city parks and public lands. That not only includes any and all areas of the various parks in the city, but also in any city-owned parking facilities and/or grounds, or while traveling in or operating any equipment and/or vehicles owned or leased by the city.

The fine for smoking on any city property will be $50 for the first offense, $100 for the second offense and $250 for the third or subsequent offenses.

The council voted 6 to 1 in favor of the amendment, with at-large councilman George Spitale voting against the measure, while both city council president Greg Rabb and Ward 5 council woman Maria Jones were absent.

Spitale said he made a decision to vote against he measure after hearing from constituents who were against the ban because it infringed on their rights.

“I received quite a few calls about it from veterans,” Spitale said following the vote. “One of the comments was, ‘I donated to the Veterans Park project and now you’re telling me I can’t go to that park, light a cigarette, smoke it, field strip and then put it in my pocket? And if I do I’m going to get a $50 fine?'”

“Another guy said we’re playing the role of big brother, like [former New York City Mayor Michael] Bloomberg did. Pretty soon the city will be telling us what size soda we should drinking,” Spitale said, alluding to New York City’s Sugary Drinks Portion Cap Rule of 2013.

Spitale also said he didn’t support ticketing and imposing a fine on people who broke the law because he felt the city police have more important things to focus on.

“We have enough problems in this city where the police don’t need to be arresting people for smoking,” he said.

Ken Dahlgren with the Tri-County Tobacco Coalition.

Prior to the vote, two members of the public addressed the city council, saying they supported the measure. Ken Dahlgren with the Tri-County Tobacco Control Coalition said he supports the ban because it would help to improve public health. 

“Recent Surgeon General reports have shown that there really is no safe level of second hand smoke, including exposure to outdoor second-hand smoke,” Dahlgren said. “I know sometimes we’re not even aware of the kinds of events that many people can’t attend [because of second hand smoke]. I know I can’t attend the city’s annual Labor Day Festival when there’s the amount of smoking that there is because it physically makes me ill.”

The only other person to publicly comment on the proposed ban was Shelly Wells with the Chautauqua County Health Network, who said that the smoking leads to a variety of health problems and given that the county has one of the highest rates of tobacco users in the state, the community needs to do what it can to try and reduce those numbers.

The tobacco ban will include the use of cigars; pipes; and cigarettes, including electronic cigarettes and vapor devices; and chewing tobacco. The ban will take effect immediately.

• VIEW VOTING SESSION AGENDA

Among the resolutions is a ban on the use of tobacco related products throughout all city parks, regardless of location. Current city law states that the use of tobacco is banned at ball fields, playgrounds and building facilities. The new proposal would extend the ban to all other locations of public parks.

Another resolution involves implementing a parking ticket amnesty program, which will allow anyone who owes on late parking tickets to pay only the original fine of the ticket. Mayor Sam Teresi said earlier this month the program will allow the city to recoup some of the nearly $500,000 in overdue fines that are owed to the city. If approved by the council, the amnesty program will begin April 1 and continue throughout the entire month.

Monday’s voting session begins at 7:30 p.m. and is open to the public.

On Monday night the city council’s public safety committee learned about a proposed ordinance from Mayor Sam Teresi to make the entire city parks system smoke and tobacco free.

Current city law states that the use of tobacco is banned at ball fields, playgrounds and building facilities. The new proposal would extend the ban to all other locations of public parks.

The proposal will be also be discussed during the next Parks, Recreation and Conservation Commission meeting, scheduled for 5 p.m. Tuesday, March 15. If all goes according to schedule, the council will take up the ordinance during its voting session later this month.

This bill expands the ban on smoking within 100 feet of the entrances, exits or outdoor areas of public and private schools to prohibit smoking during after-school programs.

The ban would be in effect only during those hours in which the after-school programs are in session. Residences or residential property within the 100 foot perimeter would be excluded from the new law’s smoking ban.

In addition, the new law requires such programs to post signs specifying the times at which smoking is prohibited.

One of the other resolutions that will be introduced tonight is one dealing with the businesses that are hired to do work with funding from the Chautauqua County Industrial Development Agency. Legislator Bob Whitney (D-Jamestown) – who also serves as the minority leader – will introduce a resolution tonight making it a requirement that any project that receives funding or assistance from the county needs to have local workers involved in the project.

“Ninety percent of labor has to come from the local area and not bringing in people from outside of the area so they can send the money back home. It’s local tax dollars and it should stay in the local area,” Whitney explained to WRFA. “And also the suppliers – any supplies used in a project that is assisted by the county should come from the five area counties.”

Whitney said that the five counties included in the resolution are Chautauqua County along with Erie and Cattaraugus Counties in New York and Warren and Erie Counties in Pennsylvania.

Whitney also said that a similar law is already on the books in the Buffalo area. “Erie County has a similar law, as far as labor. I don’t think that they have the building materials included – that’s something we added. But it is something that is going on in Erie County and I’m going to try and get it going on here and in Cattaraugus County and everywhere else.”

Whitney’s resolution was brought before committee last week but was tabled until next month. However, Whitney said he still plans to bring the resolution to the floor during tis month’s legislature meeting.

Tonight’s voting session begins at 6:30 p.m. in the legislative chambers and is open to the public.

• VIEW ALL PREFILES FOR JULY, 2013 MEETING

At the top of the list is the issue of whether or not Chautauqua County will spend $4,000,000 to upgrade the Falconer Department of Public Facilities Shop. A resolution to start moving in that direction will be taken up tonight when lawmakers vote on taking out a $250,000 loan to pay for the design, permitting, surveys, planning and other preliminary studies associated with the project. While county officials, including Public Facilities Director George Spanos, are in favor of the upgrade project, not everyone is supporting it. Dozens of residents in Falconer, including Falconer Mayor David Krieg, expressed concerns about constructing a new building in what has become a largely residential area.

In addition to the resolution involving the Falconer garage, lawmakers will also introduce a local law calling for a ban on smoking on all county-owned property. The ban includes all tobacco products, including the use of other nicotine related devices, such as e-cigarettes.

• VIEW PROPOSED LOCAL LAW

Tonight’s meeting begins at 6:30 p.m. in the legislative chambers of Mayville and is open to the public.