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If it really bothers you, speak to your supervisor. If you have a human resources department, speak to them as well. document the time and place for both meetings, and what was discussed. If nothing is done, I dont know what legal body is directed to enforce the smoking ban, but I am sure a call to your local PD would get you the info you need.
Dont ruffle feathers, because what will happen if you dont give your company a clearly DOCUMENTED chance at telling this guy to stop this behavior and following through on it is that you will get the COMPANY in trouble. Sure the guy will get in trouble as well - but you will take flack as well. Keep it internal, document what you have done. If nothing changes, contact the authorities.
the documentation is to cover your azz if they fire you for getting the company fined for a code violation.
In the corporate world, politics is EVERYTHING so DO NOT stoop to his level and do office guerilla tactics like supergluing the guys cigar to his lips. Be professional and do it the right way.
EDIT to add: I'm from NY. Smoking in any building is illegal. No company would be dumb enough to allow this behavior.
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