[HISTORY: Adopted by the City Council of
the City of Pottsville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-8-2008 by Ord. No. 771]
It shall be unlawful for any minor under the
age of 18 years old to use or possess tobacco, in any form, within
the City of Pottsville, or any City-owned property, on any public
street, highway, traffic way, alley or sidewalk.
As used in this article, the following terms
shall have the meanings indicated:
A street or highway intended to provide access to the rear
or side of lots or buildings and not intended for the purpose of through
vehicular traffic.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purpose of vehicular travel. The term includes a roadway
open to the use of the public for vehicular travel on grounds of a
public or private school or public or historical park.
That portion of the highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
That portion of a street between curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use by pedestrians.
A lighted or unlighted cigarette, cigar, pipe or other lighted
smoking product and smokeless tobacco in any form.
The entire width between property lines or other boundary
lines of every way or place of which any part is open to the public
for purposes of vehicular travel as a matter of right or custom.
This article shall not apply to a minor smoking
or using tobacco in a nonpublic place which constitutes the residence
of the minor and his or her parents or guardian.
A violation of this article shall be a summary
offense, and any person who violates this section shall, upon conviction,
be sentenced to pay a fine of up to $50.
