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Beacon to amend code to align public smoking rules with New York law, city attorney says
Summary
City staff proposed removing a local-code loitering provision tied to public marijuana use so local rules match New York state law; city-owned properties may still have tobacco and cannabis restrictions. Staff will bring a local law forward for public hearing.
City Attorney Nick explained a proposed amendment to Chapter 145 of the city code to remove language that could treat public marijuana use as loitering and to align the municipal ordinance with New York state law.
The change would not broaden where the city may prohibit smoking on property it owns; parks and city buildings can still be designated smoke-free. The amendment is a "cleanup" so the local code does not conflict with state law, the city attorney said.
"This would clean that up to be consistent with New York state law because our local code can't preempt or vary from what the state requires," the city attorney said. Council members asked for confirmation that the city's existing smoking restrictions apply to city buildings and parks but not to all public sidewalks; the city attorney confirmed that remains the case.
Action and next steps: staff presented the draft cleanup; council did not vote on the local law at the workshop but staff will prepare the local law for the formal agenda and public hearing. No formal vote was recorded.
