[HISTORY: Adopted by the County Council of
the County of Delaware as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-1978 by Ord. No. 78-2]
From and after the effective date of this article,
the smoking or carrying of lighted cigars, pipes, or cigarettes in
buses, trolleys, elevated railway cars, or light rail vehicles within
the County of Delaware is declared to be a nuisance prejudicial to
the welfare and safety of persons riding such conveyances and the
same is hereby prohibited.
[Amended 8-3-2010 by Ord.
No. 2010-3]
Any person smoking or carrying a lighted cigar,
pipe, or cigarette on a bus, trolley, elevated railway car, or light
rail vehicle within the County of Delaware shall, upon summary conviction
before a Magisterial District Judge, be sentenced to pay a fine of
not less than $10 nor more than $500, and costs of prosecution, and
in default of the payment thereof, shall undergo imprisonment in the
County Jail for not more than 30 days.
Upon the effective date of this article, all
agencies of public transportation affected hereby shall forthwith
post "No smoking" signs, setting forth the fines and penalties as
provided for in this article, in each of their transportation vehicles.
The provisions of this article shall not apply
in any local municipality within the County of Delaware which has
an ordinance similarly prohibiting smoking or the carrying of a lighted
cigar, pipe or cigarette on buses, trolleys, elevated railway cars
or light rail vehicles within said municipality and imposing penalties
for violations of said ordinance.
[Adopted 11-14-2020 by Ord. No. 2020-8[1]]
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Smoking" to "Smoking and Minor Public Health Violations."
So long as marijuana shall be listed as a controlled substance
in "The Controlled Substance, Drug Device and Cosmetic Act," 1972,
April 14, P. L. 233, No. 64, Section 1 et seq., 35 P.S. 780-101 et
seq., no person shall purchase or attempt to purchase, be in possession
of or smoke in any public space a small amount of marijuana or possess
marijuana paraphernalia in the County of Delaware, Commonwealth of
Pennsylvania, all as set forth in this article.
As used in this article, the following terms shall have the
meanings indicated:
All forms and/or varieties of the genus Cannabis, whether
growing or not, as defined by the "Controlled Substance, Drug, Device
and Cosmetic Act," 1972, April 14, P. L. 233, No. 64, Section 1 et.
seq., 35 P. S. 780-101 et. seq.
Anything used for packing, storing, containing, ingesting,
inhaling or otherwise introducing marijuana into the human body.
Any individual under the age of 18 years at the time of violation
of this article.
Any street, alley, highway, traffic way, park, sidewalk or
a vehicle in or upon any of the referenced areas, or any other place
to which the public is invited.
Thirty grams or less of marijuana.
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe or other such delivery device which contains marijuana.
Persons found in violation of this article shall be issued a notice of violation by the police or other authorized law enforcement officer. Alternatively, the officer can obtain the subject's name and address and later send a notice of violation by First Class Mail. Such notice of violation shall be in the standard form provided for nontraffic citations, unless a local municipality passes an ordinance pursuant to § 173-11C, in which case, it may use its own notice of violation in substantially the same form (except for payment provisions).
The officer who identifies a violation of this article by a
minor shall:
A.
Temporarily detain the minor and follow the existing procedures for
the handling of summary offenses committed by a minor;
B.
Advise the parent or guardian that the minor was found in possession
of or smoking in a public space a small amount of marijuana; and
C.
Issue a notice of violation to the minor.
The penalty for a violation of this article by an adult or minor
shall be a civil fine of $50 for each violation. In its discretion,
upon application by the person cited, a magisterial district court
may suspend the fine imposed if the person cited agrees to admission
to an adjudication alternative program or other in place pre-adjudication
disposition.
A.
It is the intent of Council that municipal police may exercise their
lawful authority to enforce this article when a violation occurs in
the officer's presence within the territorial boundaries of their
municipality within the County of Delaware.
B.
A notice of violation issued under this article shall be enforced
consistent with the procedures established in Chapter 4 of the Pennsylvania
Rules of Criminal Procedure (Pa.R.Crim.P.), Procedures in Summary
Cases, Parts A and B, Pa.R.Crim.P. 401-414.
C.
The provisions of this article shall not apply in any local municipality
within the County of Delaware which has an ordinance similarly prohibiting
the possession of a small amount of marijuana within said municipality
and imposing penalties for violation of said ordinance.
D.
This article shall not be construed to supersede any existing Pennsylvania or Federal law. Municipal police officers in Delaware County retain the authority to enforce the applicable statutory laws. It is the intent of Council that police officers may conduct any lawful search when there is probable cause to believe that a criminal offense has been or is being committed; and make a custodial arrest when there is probable cause to believe a criminal offense other than one of the violations described in § 173-6.
E.
Any revenue collected by this article should be used for funding
new or existing drug and alcohol abuse treatment and prevention programs.
