Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 6-13-1988 by Ord. No. 88-14 (Ch. 70 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 8.

§ 244-1 Definitions.

The following words and terms as used in this chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
BUS
A motor vehicle designed for carrying more than 10 passengers, exclusive of the driver, and used for the transportation of persons.
EATING AND DRINKING PLACE
Restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; tavern; sandwich stand; soda fountain; hospital kitchen, dining room or snack bar; industrial plant kitchen, dining room, cafeteria or snack bar; lunchroom or cafeteria in schools or other educational institutions; or any other place where food, drinks or refreshments are prepared for sale or for service on the premises, and any other eating and drinking place where food is served or provided with or without charge; provided, however, that this definition shall not be interpreted to include private homes.
ELEVATOR
A car or cage in which persons are raised or lowered vertically between permanent rails or guides.
FOOD ESTABLISHMENT
Any place where food or beverage intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale with or without charge, either at wholesale or retail, and not consumed on the premises; provided, however, that the term "food establishment" shall not include a public eating or drinking place.
GENERAL PUBLIC
All persons, including but not limited to employees, business invitees, licensees, guests and public and private school students.
INDOOR PLACES OF PUBLIC ASSEMBLAGE
Any place open to the public, including but not limited to the Township Golf Club, indoor sports facilities, churches, hospitals, nursing homes, retail stores, theaters, museums, libraries, schools, transportation waiting rooms, polling places, rooms in a public building while a meeting open to the general public is in progress in such room and enclosed indoor areas where the proprietor posts conspicuous signs such as "No Smoking" and "Thank you for not smoking."
SMOKING
As commonly understood, including the carrying of a lighted cigarette, pipe or cigar and the use of any match, spark, flame or fire-producing device for the purpose of lighting any cigarette, pipe or cigar.

§ 244-2 Unlawful acts.

No person shall smoke or carry a lighted cigar, pipe or cigarette in a bus, eating and drinking place, elevator, food establishment, food markets or indoor place of public assemblage, all public buildings, schools, nursing homes or hospitals used by the general public within the Township of Marple.

§ 244-3 Exceptions.

A. 
The prohibition of § 244-2 shall not apply to any room designated for private social functions such as weddings, parties, testimonial dinners and similar functions in which the seating arrangements are under the control of the sponsor of the function and not the owner or person in charge of such a place.
B. 
The prohibition of § 244-2 shall not apply to any eating and drinking place which is designated or arranged to accommodate fewer than 50 persons. Eating and drinking establishments with seating capacity of 50 or greater shall be required to designate a nonsmoking area sufficient to meet customer demand. Establishments shall not determine that no such demand exists. In single room facilities where smoking sections are created, ventilation shall be sufficient to prevent smoke pollution from becoming either a health hazard or a source of discomfort to nonsmokers. At the request of a patron, such patron shall be seated in the nonsmoking area, unless such area is filled to capacity, in which case the patron shall be seated as close as possible to the nonsmoking area.
C. 
The prohibition of § 244-2 shall not apply to bowling alleys, provided that such establishments designate nonsmoking in the bowling and scoring areas. Further, such establishments shall so designate smoking areas only in such areas that are ventilated sufficient to prevent smoke pollution from becoming a health hazard or a source of discomfort to nonsmokers.
D. 
The prohibition of § 244-2 shall not apply to those areas in any indoor place of public assemblage which are clearly posted "Smoking Area." Specifically designated smoking areas shall be sufficiently separated or ventilated to prevent smoke pollution from becoming a health hazard or a source of discomfort to nonsmokers. This exception to the nonsmoking prohibition does not apply to theaters, polling places, Township Golf Club, retail stores, museums, libraries, transportation waiting rooms or public meeting rooms.

§ 244-4 Notices to be posted.

All persons, firms or corporations who own, lease or operate buses, eating and drinking places, elevators, food establishments or indoor places of public assemblage used by the general public within the Township of Marple shall post notices of the prohibition under this section in such locations and number as to advise the general public of such prohibition. Words on such notices which state "No Smoking" or "Smoking Area" or equivalent phrases shall be at least two inches high. The failure to post notices required by this section shall not be deemed to prevent prosecution of any person for violation of § 244-2 of this chapter. At the request of a patron seated in a nonsmoking section, the manager or his agent shall request any other patron in such section who is smoking to cease.

§ 244-5 Enforcement.

The provisions of this chapter shall be enforced by the Code Enforcement Department, the Health Officer or his duly authorized representative or by any police officer of the Township of Marple. Any manager, custodian, proprietor or agent of any establishment, place of business, public place or place subject to the no-smoking prohibition or bus driver may eject any patron, customer, invitee and passenger violating the prohibition of this chapter.

§ 244-6 Violations and penalties. [1]

Any person, firm or corporation who or which shall violate any of the provisions of this chapter or who or which fails to comply with any of the requirements thereof shall, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).