[Amended 7-7-2008 by Ord. No. 2008-2]
It shall be unlawful for any person to smoke
in the following areas that are hereby established as smoke-free environments
in the Municipality of Kingston:
A. The Municipal building located at 500 Wyoming Avenue,
Kingston, Pennsylvania, including both the interior and grounds of
said facility.
B. All outdoor parks and recreational facilities, including
the restrooms, spectator and concession areas owned by the Municipality
of Kingston.
C. The Hoyt Library located at 284 Wyoming Avenue, Kingston,
Pennsylvania, including both the interior and grounds of said facility.
Smoking shall be defined as the use of a tobacco
product, including but not limited to the use of a tobacco product
which emits smoke injurious to the health of other persons, including
but not limited to the use of cigarettes, pipes and cigars.
Any person violating any provisions of this
chapter shall, upon summary conviction thereof in a summary proceeding
before a District Justice, be sentenced for a first offense to pay
a fine of not more than one hundred dollars ($100.) and costs. Upon
conviction of second offense, such person shall be sentenced to pay
a fine of not more than five hundred dollars ($500.) and/or costs.
Upon conviction of a third offense or any subsequent offense, such
person shall be sentenced to pay a fine, a minimum of which shall
be seven hundred fifty dollars ($750.) and a maximum of one thousand
dollars ($1,000.). Any person who fails to make payment of any fine
or cost imposed shall be subject to imprisonment in the Luzerne County
Correctional Facility for a period of not more than ninety (90) days.