No, smoking is generally prohibited in public places throughout Buffalo, as it is located within Erie County.
Understanding Smoking Laws in Buffalo
Buffalo is a major city situated within Erie County, New York. Consequently, local laws enacted by Erie County govern many aspects of public conduct, including smoking regulations within the city limits. The primary legislation addressing this is Erie County's Clean Air Act.
Key Provisions of Erie County's Clean Air Act
Under Erie County's Clean Air Act, smoking is broadly prohibited in areas accessible to the public. Specifically, the law stipulates that "Smoking shall be prohibited in all Public Places within the County of Erie, unless otherwise provided by this Local Law."
This regulation aims to create smoke-free environments in communal indoor spaces. An explicit example of such a location where smoking is forbidden is elevators.
What Constitutes a "Public Place" for Smoking Prohibitions?
While the Erie County law broadly covers "all Public Places," this generally refers to enclosed indoor areas accessible to the public. The intent is to protect individuals from exposure to secondhand smoke in shared environments.
Practical Implications for Residents and Visitors
For anyone in Buffalo, it's safest to assume that smoking is not permitted in any indoor public venue. This includes, but is not limited to, places like:
- Restaurants and bars (indoors)
- Retail stores and shopping malls
- Government buildings and offices
- Healthcare facilities
- Educational institutions
- Public transportation vehicles and enclosed stations
- Workplaces shared by multiple employees
Important Considerations:
- Outdoor Areas: While indoor public places are largely smoke-free, regulations for outdoor areas can vary. Some establishments may have designated outdoor smoking areas, but smoking is generally prohibited near building entrances, windows, and ventilation systems.
- Private Property: Smoking rules on private property, such as private residences or privately owned businesses, depend on the property owner's policies, unless explicitly overridden by broader county or state laws.
To help visualize the general rules:
| Area Type | Smoking Permitted? | Notes |
|---|---|---|
| Public Places (Indoor) | No | Per Erie County's Clean Air Act; explicitly includes places like elevators |
| Designated Outdoor Areas | Varies | Check local signage; often requires distance from entrances/windows |
| Private Residences | Yes | Subject to landlord policies in rented properties |
Always look for posted signage or inquire with venue staff if you are unsure about smoking policies in a particular location.
