[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Makefield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-16-1995 by Ord. No. 293]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
The Township Municipal Building and any other buildings owned
or operated by the Township of Lower Makefield.
Any facility either owned or leased by the Pennsbury School
District that is currently being used to accommodate students.
Any vehicle either owned or leased by the Pennsbury School
District that is currently being used to transport students.
Any grounds owned or leased by the Pennsbury School District.
Possession of a lighted cigarette, cigar, pipe or other lighted
smoking equipment.
Any individual who is enrolled in the educational classes
conducted within the school buildings of the Pennsbury School District.
Smoking and the use of smokeless tobacco in any form.
A.Â
Smoking and tobacco use by students is prohibited
in all school buildings and on all school grounds and school buses.
It is unlawful for a student to carry or use a lighted pipe, cigar
or cigarette or smokeless tobacco in these locations.
B.Â
School officials, in cooperation with the Fire Marshal,
shall post "No Smoking" signs in each building, structure, room or
place where smoking is prohibited. It shall be unlawful to remove,
deface, mutilate or destroy a "No Smoking" sign.
C.Â
Smoking and tobacco use by the public is prohibited
in the Township Building and all other buildings owned and operated
by Lower Makefield Township.
D.Â
It shall be unlawful for any person to obscure, remove,
deface, mutilate or destroy the authorized posted "No Smoking" signs.
[Amended 10-21-1996 by Ord. No. 305]
Any person violating any section of this article
shall be subject to a fine in an amount not exceeding fifty dollars
($50.) for the first offense, plus costs of prosecution, including
reasonable attorney's fees, and thereafter any subsequent offense
shall be punishable by a fine in an amount not exceeding three hundred
dollars ($300.), plus costs of prosecution, including reasonable attorney's
fees. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure.
Whenever the requirements of this article are
in conflict with other requirements of the Ordinances of the Township
of Lower Makefield the most restrictive, or those imposing the higher
standards, shall govern.
[Adopted 7-2-2008 by Ord. No. 376]
The purpose of this article is to protect public
health and to provide for the comfort of all parties by regulating
and controlling smoking in certain public places since smoking poses
a significant risk to the health of the general public. Recent medical
studies indicate that long-term exposure to involuntary smoking may
seriously threaten the health of nonsmokers, and this article is intended
to protect the health of all residents and visitors of the Township.
As used in this article, the following words
and phases shall have the meanings indicated:
Any indoor or outdoor facility owned by the Township and
used by the general public, including any park or recreational facilities,
or serving as a place of work for public employees or a meeting place
for a public body.
The carrying by a person of a lighted cigar, cigarette, pipe
or other lighted smoking device.
The Township of Lower Makefield, County of Bucks.
Smoking shall be prohibited on all Township
owned property and public places, including all park areas owned by
the Township, all Township recreational facilities, and all other
areas, whether indoors or outdoors, owned by the Township, except
that smoking shall be permitted in specific areas at said facilities
as posted by the Township, including the Makefield Highlands Golf
Course.
A.Â
A first violation of this article shall be punishable
by a civil fine of $50. A second violation of this article shall be
punishable by a civil fine of $100. Third and subsequent violations
of this article shall be punishable by a civil fine of not more than
$250.
B.Â
Furthermore, in addition to the penalties set forth
above, any Township employees who violate the provisions of this article
shall be subject to such disciplinary action as deemed appropriate
by the Township Manager or his designee for a final decision. In all
cases, the rights of a nonsmoker to protect his or her health and
comfort shall take precedence over an employee's desire to smoke.
The Lower Makefield Township Police Department,
the Township's Code Enforcement Officer and the Board of Supervisors,
in addition to any other Township department as approved by the Board
of Supervisors, shall have full authority to enforce this article
and to issue such citations as necessary for any violations of this
article.
