[Adopted 8-11-2004 by Ord. No. 15-2004]
As used in this article, the following terms
shall have the meanings indicated:
The act of inhaling, exhaling, burning, vaping or carrying
any lighted cigarette, cigar, pipe, cannabis, plant or other combustible
substance in any manner or in any form, including but not limited
to tobacco or other similar products.
[Amended 8-11-2021 by Ord. No. 16-2021]
Any School Board having a public school building
or public school property located within the City of Linwood shall
make and enforce regulations to prohibit the use of tobacco products
anywhere in its buildings and on its grounds except as part of classroom
instruction. The regulations shall also provide for additional and
specific limitations regarding smoking on the school grounds as designated
by the Board of Education.
The Superintendent of the School District or
his designee or any other person having control of school property
or any agent thereof or a police officer or other public servant engaged
in the execution or enforcement of this article, or any other citizen,
may sign a complaint against any individual for violation of the provisions
of this article.
Every public entrance to each school within
the City of Linwood shall be posted by a person who has control of
the building with a sign indicating that the use of tobacco products
is prohibited within the building and shall further indicate that
violators are subject to fine and/or punishment, including but not
limited to community service. This sign shall be clearly visible to
the public and shall contain letters or a symbol which contrast in
color with the background of the sign. Similar signs shall be posted
at visually accessible sites on the boundaries of the school property.
A.
Any person who violates this article shall appear
before the City of Linwood Municipal Court and shall be subject to
punishment as follows:
(1)
First offense: up to 15 hours of community service
at a place designated by the Linwood Municipal Court;
(2)
Second offense: up to 30 hours of community service
at a place designated by the Linwood Municipal Court and/or a fine
up to $100;
(3)
Third offense and subsequent offenses: up to 50 hours
of community service at a place designated by the Linwood Municipal
Court and/or a fine up to $250.
B.
Community service may include participation in a nonsmoking
educational or support program approved by the Municipal Court.
C.
Upon the signing of a complaint as provided herein
against a person under the age of 18 years, the Municipal Court shall
subpoena the parents and/or guardians of the person charged to appear
at the Municipal Court hearing.
