§ 130.40  SMOKING PROHIBITED ON PUBLIC BEACHES, RECREATIONAL AREAS, CAMPGROUNDS, PARKS, AND OUTSIDE MUNICIPAL BUILDINGS.
   (A)   Legislative findings and intent.
      (1)   The use of tobacco for smoking purposes is being found to be increasingly dangerous, not only to the person smoking but also to the nonsmoking person who is required to breathe the contaminated air. A pervasive intrusion of the nonsmoker's right to unpolluted air space is the uncontrolled smoking on town beaches, recreational areas, campgrounds, parks, and outside municipal buildings.
      (2)   The town is committed to keeping its beaches, recreational areas, campgrounds, parks, and outside municipal buildings clean, safe, healthy, and pleasant for everyone.
      (3)   Smoking is hazardous to health and numerous studies have shown that secondhand smoke is a significant public health hazard.
      (4)   Smoking in public places, including beaches, recreational areas, campgrounds, parks, and outside municipal buildings endangers children and others by exposing them to secondhand smoke.
      (5)   The United States Environmental Protection Agency has classified secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen.
      (6)   Exposure to secondhand smoke substantially increases the risk in non-smokers of lung cancer, cardiovascular disease and other acute and chronic health conditions.
      (7)   The United States Centers for Disease Control and Prevention (CDC) has found that secondhand smoke causes children to suffer from lower respiratory tract illnesses, such as bronchitis and pneumonia, exacerbates childhood asthma, and increases the risk of chronic middle ear infections in children.
      (8)   Discarded cigarettes and cigarette butts contain the same chemicals and toxins as the cigarettes themselves. Discarding cigarette butts, cigar butts, and tobacco waste is unsightly, unclean, and particularly hazardous to small children who handle and sometimes ingest them.
      (9)   Cigarette butts are a significant pollutant on beaches and, if uncollected, may wash directly into ocean waters to the detriment of marine life and all ocean users.
      (10)   Cigarette butts do not biodegrade and they contain 200 known poisons, 63 of which are shown to cause cancer.
      (11)   Prohibiting smoking and the improper disposal of tobacco products on the town's beaches, recreational areas, campgrounds, parks, and outside municipal buildings is necessary to protect the public health, safety, and welfare of all residents and visitors. The Town Council intends, by the enactment of this section, to protect the health and atmospheric environment of all residents and visitors by regulating smoking on the town's public beaches, recreational areas, campgrounds, parks, and outside municipal buildings.
   (B)   Definitions. As used in this section:
      MUNICIPAL BUILDING.  Any building owned, leased, or operated by the town, including, without limitation, Middletown Town Hall and the Middletown Public Library.
      PUBLIC BEACH or PUBLIC BEACHES. Any beach facility owned, leased or operated by the town, including without limitation, Sachuest (Second) Beach and Third Beach, and their respective parking lots, concession areas and other facilities.
      PUBLIC CAMPGROUND. Any campground owned, leased or operated by the town, including without limitation, the Second Beach Campground.
      PUBLIC PARK. Any public park owned, leased or operated by the town, and their respective parking lots, concession areas and other facilities.
      PUBLIC RECREATIONAL AREA. Any athletic or recreational facility including, but not limited to, any playing field, ball field, basketball court, tennis court, or playground which is owned, leased or operated by the town, and their respective parking lots, concession areas and other facilities.
      SMOKING, TO SMOKE or SMOKE. The inhaling, exhaling, breathing, carrying, or possession of any lighted cigarette, cigar, pipe, other product containing any amount of tobacco, or other similar heated or lit product, including the use of electronic smoking devices or so called e-cigarettes, or the carrying of any lighted smoking equipment or paraphernalia.
   (C)   Smoking prohibited on public beaches, recreational areas, campgrounds, parks, and within 50 feet of the exit and entrance doorways to any municipal building.
      (1)   No person shall smoke a cigarette, cigar, electronic smoking device or other tobacco-related product on, or within 20 feet of any public beach, public recreational area, public campground or public park, or within 50 feet of the exit and entrance doorways to any municipal building.
      (2)   No person shall dispose of cigarette butts, cigar butts, or any tobacco-related waste on, or within 20 feet  of any public beach, public recreational area, public campground or public park.
(Ord. 2015-5, passed 7-6-15; Am. Ord. 2015-13, passed 11-2-15; Am. Ord. 2018-20, passed 11-5-18)  Penalty, see § 130.99