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.
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.
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.
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.
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.