Clay, NY Public Conduct: Outdoor Smoking Restrictions (2026)

§ 163-6O of the Parks and Recreation Law, added December 4, 2023 by L.L. No. 4-2023 and titled 'Smoking: Smoke- and vaping-free zones,' imposes three layered bans. First, tobacco or marijuana smoking, vaping and use are prohibited 'in all Town-owned buildings owned, leased, used, operated, or maintained by the Town of Clay or any department of the Town of Clay... without exception.' Second, the same conduct is barred 'within 30 feet of any Town building not located in a park, recreation area or playground,' creating a buffer zone around town-owned buildings outside the parks system.

Third, and most directly on point for outdoor public space, the section prohibits tobacco or marijuana smoking, vaping and use 'of any type' in 'all Town-owned parks, playgrounds, and recreation areas,' with no distance buffer or exception carved out for parks the way there is for freestanding buildings; the ban covers the entire park. The Town Board's own declaration in § 163-6O(4) designates 'all Town-owned parks, recreation areas and playgrounds' as tobacco-free and marijuana-free zones. Enforcement of Chapter 163 runs through the prevailing law enforcement agency, park rangers or another authorized peace officer under § 163-15, who may issue an appearance ticket under § 163-13 directing an offender to a local criminal court.