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[HISTORY: Adopted by the Common Council of the City of Peekskill 11-8-2021 by L.L. No. 10-2021. Amendments noted where applicable.]
A. 
Pursuant to the New York State Constitution, the City Council of the City of Peekskill may adopt and amend laws pertaining to the protection, conduct, safety, health and well-being of the persons and property in the City.
B. 
The Clean Indoor Air Act, adopted by the New York State Legislature as Public Health Law, Article 13-E, § 1399-n et seq., addresses indoor smoking only and specifically provides that "nothing herein shall be construed to restrict the right of any county, city, town, or village to adopt and enforce additional local law, ordinances or regulations which comply with at least the minimum applicable standards set forth in this article."
As used in this chapter, the following terms shall have the meanings indicated:
CHILDREN
Persons under the age of 18 years.
E-CIGARETTE
Any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides a vapor of liquid nicotine, and/or other substances mixed with propylene glycol to the user as he or she simulates smoking. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
MARIJUANA PRODUCT or MARIJUANA RELATED PRODUCT
Any product containing marijuana, which can also be called cannabis, the dried flowers and leaves of the cannabis plant as well as compounds like tetrahydrocannabinol, or THC, compounds like cannabidiol, or CBD including but not limited to joints, cigarettes, cigars, snuff, and electronic cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing marijuana; or any object utilized for the purpose of smoking or inhaling marijuana products.
OUTDOOR DINING
An activity consisting of the provision of facilities that are available to members of the public (with or without payment) for eating and/or drinking in an area that is not fully enclosed by a permanent structure (walls, roof, etc.).
OUTDOOR RECREATION AREA
An area that is not fully enclosed and that is designated for recreational purposes or activities.
PAVILION
A structure that is at least partially unenclosed (for example, with open sides) and that is intended for public use.
PERMIT
Written permission for an activity proposed to be conducted on property of the City of Peekskill, including any conditions placed upon such permission, issued and signed by the appropriate regulatory authority of the City.
PLAYGROUND
An outdoor recreation area that is designed and intended for use by children and for the purposes of this chapter, a playground that is fenced or otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation; a playground that is not fenced or otherwise demarcated shall be deemed to include all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up and marked in some way for the playing of one or more specific games (such as baseball, football or soccer) and for the purposes of this chapter, a playing field that is fenced or the outside perimeter of which is otherwise physically demarcated shall be deemed to include all of the area inside such fence or demarcation, together with any bleachers or other, designated viewing area; a playing field that is not fenced or otherwise demarcated (as to its outside perimeter) shall be deemed to include all of the area customarily required for playing the game for which it is being used, together with any bleachers or other designated viewing area.
SMOKE
The emission produced by the burning of a tobacco product or tobacco-related product, a marijuana product or marijuana related product, or the heating of an e-cigarette which creates a vapor.
SMOKING
The burning of a tobacco product or tobacco-related product, a marijuana product or marijuana-related product, or the heating or ignition of an e-cigarette which creates a vapor.
TOBACCO PRODUCT or TOBACCO-RELATED PRODUCT
Any manufactured product containing tobacco or nicotine, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco dipping tobacco, bidis, snus, shisha, powdered and/or dissolvable tobacco products, liquid nicotine and electronic cigarette cartridges, whether packaged or not; any packaging that indicates it might contain any substance containing tobacco or nicotine; or any object utilized for the purpose of smoking or inhaling tobacco or nicotine products. However, "tobacco product or tobacco related product" does not include any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
[Amended 4-28-2025 by L.L. No. 7-2025]
Smoking shall not be permitted and no person shall smoke in the following outdoor areas:
A. 
Smoking shall be prohibited in the following City parks:
(1) 
Riverfront Green Park, including the area bounded by Annsville Park to the north. Charles Point Park to the south, the Hudson River to the west and the Metro North railway to the east, as shown on the City of Peekskill Tax Map as including the following areas: 33.37-5-14, 32.12-1-1, 33.12-1-4, and 32.16-1-9, including sections known as Peekskill Landing as shown in the City of Peekskill Tap Maps as including the following areas: 32.8-6-1.1 and 32.8-6-1.2.
(2) 
Depew Park, including the Veteran's Memorial Pool, preschool building, sports fields, and courts including, but not limited to, the Depew Park football field, tennis courts, basketball courts, horseshoe pits, and trails throughout the park. The park is the area bounded by Depew Court to the west, Hudson Avenue to the north, and Blue Mountain Park to the east and south, as shown on the City of Peekskill Tax Map as 33.13-18-2.
(3) 
Franklin Park, the area between Franklin Street on the north, Simpson Place to the west, Roosevelt Avenue to the South, and Smith Street to the east, as shown on the tax map of the City of Peekskill as 32.16-15-1.
(4) 
McKinley Park Playground, the area bounded by Welcher Avenue to the south, McKinley Street to the east, Plumbers, Steamfitters Local 21 property to the north and private residence at 42 Welcher Avenue to the west.
(5) 
Charles Point Park, the area bounded by Wheelabrator Westchester to the south, the Hudson River to the west, John Walsh Blvd to the east and the Riverfront Green Park to the north as shown on the City of Peekskill Tax Map as 32.15-1-3.
(6) 
Lepore Park, the area bounded by Main Street to the south, Hadden Street to the west, Oakside Elementary School to the north, and Decatur Avenue to the east, as shown on the City of Peekskill Tax Map as 33.29-7-1.
(7) 
Pugsley Park, the area between and bounded by Main Street to the south, Howard Street to the north, United Methodist Church to the east, and Car Quest Auto Parts and Street Peter's Church to the west, as shown on the City of Peekskill Tax Map as 33.22-7-12.
(8) 
Fort Hill Park, the area located between Decatur Street to the east, and Paulding Street to the south, as shown on the City of Peekskill Tax Map as 22.20-2-2.
(9) 
Monument Park, the area bounded by North Division Street to the east, Highland Avenue to the west, and Orchard Street to the north, as shown on the City of Peekskill Tax Map as 33.22-1-1.
(10) 
Tompkins Park, including the dog park, Little League fields, and playground. The park is the area located between E. Main Street to the north, Mallard Way to the east, Park Street and the Stonegate Apartments to the south, and Family Dollar Shopping Center to the west, as shown on the City of Peekskill Tax Map as 33.7-1-1.
(11) 
Sherman Park, the area bounded on the north by S. Division St, to the west by 2nd Ave, the east by Freemont St, and by the walkway to the south, as shown on the City of Peekskill Tax Map as 33.37-5-14.
(12) 
The Peekskill Stadium, the area bounded by Louisa Street to the south, the City of Peekskill Public Works Garage to the east, Metro North train tracks to the west, and Riverbend Condominiums to the north as shown on the City of Peekskill Tax Map as 32.16-17-2.
(13) 
Hudson River Walkway that extends from Annsville Park through the Riverfront Green Park and Charles Point Park behind Wheelabrator Westchester and finishes at Lents Cove.
(14) 
Annsville Park bounded by the Hudson River to the west, Annsville Creek to the north, Rt. 9 to south and finishes under the Annsville Circle Bridge as shown on the City of Peekskill Tax Maps as 32.11-1-1 and 33.37-5-14.
B. 
Smoking shall be prohibited in all outdoor dining area located in the City of Peekskill Downtown Business Improvement District, including the area contained within a 100-foot nonsmoking buffer extending outward from all outdoor dining areas, the area of which is set forth in the City of Peekskill Business Improvement District Boundary Map.
C. 
Smoking shall be prohibited in the following City-owned parking facilities.
(1) 
The City-owned parking garage located at the intersection of Nelson Avenue and Central Avenue.
(2) 
The City-owned parking garage located at the intersection of James Street and Park Street.
Any person found to be in violation of any provision of this chapter by smoking in an area where outdoor smoking is hereby prohibited shall be guilty, upon conviction, of an offense punishable by a fine of not less than $50 for the first violation; not more than $100 for a second violation; and not more than $250 for the third and each subsequent violation. Each day on which a violation occurs shall be considered a separate and distinct violation.
The provisions of this chapter are declared to be severable, and if any section or subsection of this chapter is held to be invalid, such invalidity shall not affect the other provisions of this chapter that can be given effect without the invalidated provision.