GENESEO, N.Y., July 7, 2025 — The Livingston County Board of Supervisors recently voted to amend and restate local law number 2-2025, which prohibits smoking on all property owned or leased by the County.

LOCAL LAW NO. 2 – 2025 AMENDING AND RESTATING LOCAL LAW NO. 2-2008 PROHIBITING

SMOKING UPON ALL REAL PROPERTY OWNED OR LEASED BY THE COUNTY OF

LIVINGSTON

Be it enacted by the Livingston County Board of Supervisors as follows:

That Local Law No. 2-2008 is hereby amended and restated as follows:

Section 1: Findings

The Livingston County Board of Supervisors finds that smoking on real property owned or leased by Livingston County should be prohibited in order to:

1. Protect the public health, safety and general welfare by eliminating exposure to secondhand smoke.

2. Acknowledge the need of nonsmokers, especially children, to breathe smoke-free and vape-free air, recognizing the danger to public health which secondhand smoke causes.

3. Recognize that the need to breathe air free of the disease-causing toxins in secondhand smoke

should have priority over the desire and convenience of smoking on real property owned or leased

by Livingston County.

4. Recognize the right and benefit to municipal residents and visitors to be free from unwelcome

secondhand smoke while on real property owned or leased by Livingston County.

Section 2: Application of Local Law to County-Owned and Leased Real Property

All real property owned or leased by Livingston County shall be subject to the provisions of this Local Law. The term “real property” shall include real estate, lands and any structures, buildings or facilities located upon said real estate and lands. The term “real property” shall not include roadways and right of ways located within the county road system established under section 115 of the New York State Highway Law.

Section 3: Regulation of Smoking upon County-Owned and Leased Real Property

“Smoking” shall mean inhaling of, exhaling or, burning of, or carrying of any lighted cigar, cigarette, pipe, weed, electronic cigarette, vape or other plant in any manner or in any form. Smoking shall be prohibited upon all real property owned or leased by Livingston County, except when located within a moving motor vehicle which is in the process of exiting or entering real property owned or leased by Livingston County.

Section 4: Posting of Signs

SMOKING IS PROHIBITED, or NO SMOKING signs, using 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 prominently and conspicuously posted upon the entrance to all real property where smoking is regulated by this Local Law. NO SMOKING signs shall be protected from tampering, damage, removal or concealment.

Section 5: Enforcement

1. For the purpose of this Local Law the term “enforcement officer” shall mean the Livingston

County Board of Health, or its designee. The enforcement officer may cause to have issued and

served upon the person complained against a written notice, together with a copy of the complaint

made against him/her, which shall specify the provisions of this Local Law such person is said to

have violated and a statement of the manner in which that person is said to have violated it and

shall require the person so complained against to answer the charges of such complaint at a public

hearing before the Board of Health, or its designated hearing officer, at a time not less than fifteen

(15) days after the date of service of notice. The Board of Health may serve, together with a copy of the complaint, a stipulation offer to the person complained against. The stipulation offer shall allow the person complained against to enter into a stipulation under the terms and conditions as set forth in the stipulation offer. The person complained against shall have the option of entering into the stipulation or proceeding with a formal hearing.

2. If the enforcement officer determines after a hearing that a violation of this Local Law has

occurred, a civil penalty may be imposed by the enforcement officer pursuant to Section 6 of this

Local Law. Nothing herein shall be construed to prohibit an enforcement officer from

commencing a proceeding for injunctive relief to compel compliance with this Local Law.

3. Any person who desires to register a complaint under this Local Law may do so with any

appropriate enforcement officer.

4. The decision of any hearing officer shall be reviewable pursuant to Article seventy-eight of the

Civil Practice Law and Rules.

5. The enforcement officer, subsequent to any appeal having been finally determined, may bring an action to recover the civil penalty provided in Section 6 of this Local Law.

Section 6: Violations and Penalties

1. It shall be unlawful for any person to smoke or vape in any area where smoking is prohibited by the provisions of this Local Law.

2. Any person who violates any provision of this Local Law shall be guilty of a violation, punishable by a civil penalty not to exceed one thousand dollars ($1,000.00).

Section 7: Other Applicable Laws

This Local Law shall not be interpreted or construed to permit smoking or vaping where it is otherwise restricted by other applicable laws.

Section 8: Severability

If any provision, clause, sentence, or paragraph of this Local Law or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Local Law which can be given effect without the valid provision or application, and to this end the provisions of this Local Law are declared to be severable.

Section 9: Effective Date

This Local Law shall take effect immediately upon its filing with the Office of the Secretary of State.

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About Livingston County:

Founded in 1821, Livingston County, N.Y., is home to more than 61,000 residents in 17 towns located across 631 square miles of the Finger Lakes region.