§ 328-3. Definitions.

For the purpose of this chapter, the following terms shall be defined as follows:

CHILD DAY-CARE CENTER

Any public, private or parochial child care center, school-age child-care program, day nursery school, kindergarten, play school or other similar school or service, and any child day-care center as defined in § 390 of the New York State Social Services Law. The definition of child day-care center applies whether or not care is given for compensation, but does not include child day-care centers located in private residences and multiple dwelling units.

CHILDREN'S INSTITUTION

Any public, private or parochial congregate institution, group residence, group home or other place where, for compensation or otherwise, seven or more children under eighteen years of age are received for day and night care apart from their parents or guardians, youth centers or facilities for detention as defined in §§ 527 and 502 of the New York State Executive Law, group homes for children as defined in § 371 of the New York State Social Services Law, private institutions for children as defined in § 371 of the New York State Social Services law and residential treatment facilities for children and youth as defined in § 1.0 of the New York State Mental Hygiene Law. The term children's institution shall not include children's institutions located in private residences and multiple dwelling units.

CIGARETTE

Any product which is intended to be burned under normal conditions of use and consists of:

A. 

Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

B. 

Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler or its packaging and labelling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection A above.

CIGARETTE TOBACCO

Any product that consists of loose tobacco and is intended for use by consumers in a cigarette.

MULTIPLE DWELLING UNIT

Any unit of residential accommodation in a multiple dwelling containing the residence or home of three or more families living independently of each other.

OUTDOOR PUBLICLY VISIBLE LOCATION

Any outdoor location visible to the public, including but not limited to outdoor billboards, roofs and sides of buildings, water towers and freestanding signboards. The term "publicly visible location" shall not include any location intended to be visible only by those inside a premises, a private residence and any doors or windows of a multiple dwelling unit.

PERSON

Any natural person, partnership, corporation, government agency, association or other legal entity.

PLAYGROUND

An outdoor premises or grounds under the control of or operated by or on behalf of the City School District, the Department of Parks and Recreation or any public, private or parochial school, or any child day care center, which contains any device, structure or implement, fixed or portable, used or intended to be used by persons under the age of eighteen for recreational or athletic purposes, including but not limited to play equipment such as a sliding board, swing, jungle gym, sandbox, climbing bar, wading pool, obstacle course, swimming pool, see-saw, baseball diamond, athletic field or basketball court.

PRIVATE RESIDENCE

Any building or structure designed and occupied for residential purposes by not more than two families, including the grounds of such building or structure.

SCHOOL PREMISES

The buildings, grounds or facilities, or any portion thereof, owned, occupied by or under the custody or control of public, private or parochial institutions for the primary purpose of providing educational instruction to students at or below the twelfth grade level.

SMOKELESS TOBACCO

Any product that consists of cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity.

TOBACCO PRODUCT

Cigarettes, smokeless tobacco and cigarette tobacco.

TOBACCO PRODUCT ADVERTISEMENT

Any words, pictures, posters, placards, signs, photographs, symbols, devices, graphic displays or visual images of any kind, or any combination thereof, the purpose or effect of which is to promote the use or sale of a tobacco product including through the identification of a brand of a tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product.

YOUTH CENTER

Any designated indoor facility, other than a private residence or a multiple dwelling unit, of a local chapter of a nationally-recognized youth organization such as Boys and Girls Clubs and YMCA's.