Fenton board schedules Aug. 5 public hearings on no-smoking and storage-container local laws

The Town of Fenton on June 24 reviewed two proposed local laws and set public hearings for the August 5 Town Board meeting.

Local Law #4 would amend Section 42 of the Town Code to prohibit smoking and vaping on all town facilities and properties 'In accordance with the New York State Clean Indoor Air Act,' explicitly including Town-owned vehicles, parks, playgrounds, ball fields, spectator areas and other recreational areas leased or owned by the Town. The draft sets penalties at a minimum fine of $50 and a maximum of $1,000 per offense; alternatively, a judge may suspend the fine in favor of the offender attending a smoking-cessation program. Councilman Richard Pray noted the draft lacks a definition of vaping; Town Attorney Richard H. Miller III said he will add wording referencing the New York State Clean Indoor Air Act and that the Code Enforcement Officer would be responsible for enforcement. Miller also said signs will need to be posted and that he will submit the Local Law to Broome County for a 239 review.

Local Law #5 would amend Section 119A to set size and quantity limits for storage containers. The proposed permanent-container rules would cap container size at 10 feet by 20 feet by 10 feet and allow one such container on parcels under two acres; parcels over two acres could have either two 10×20×10 containers or one 10×40×10 container. Temporary containers would likewise be limited to 10×20×10 maximum size, with up to two allowed per parcel. Attorney Miller said he will submit this draft for the county 239 review and include the item in the August 5 public hearing notices.

Both local laws will move forward to the county review process and a public hearing; the board made no final determinations at the work session.