City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 5-9-2006 by Ord. No. 8-2006. Amendments noted where applicable.]

§ 6-331.1 Legislative findings and intent.

A. 
The U.S. Environmental Protection Agency (hereinafter, "EPA") has classified tobacco smoke, also known as secondhand smoke, as a Group A carcinogen, along with arsenic, asbestos, benzene, radon and other poisons. The EPA, Surgeon General and Centers for Disease Control and Prevention have all agreed that secondhand smoke can cause heart disease, lung disease and cancer in healthy nonsmokers. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the deaths of 65,000 nonsmoking Americans annually. A 1992 EPA report concluded that for children, exposure to secondhand smoke is causally linked with, among other things, an increased risk of respiratory illnesses, such as bronchitis and pneumonia, an increase in the prevalence of fluid in the inner ear, and a significant reduction in the lung function of children. Moreover, the EPA found that the exposure to secondhand smoke increases the number of episodes and the severity of symptoms in asthmatic children and causes thousands of nonasthmatic children to develop this condition each year.
B. 
The Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce but does not eliminate the exposure of nonsmokers to secondhand smoke. The EPA has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air filters, which are only capable of filtering the particulate matter and odor in secondhand smoke, do not eliminate the known toxins contained therein. It is, therefore, the intent of Council to protect the health and welfare of all City employees, as well as the general public, by enacting restrictions on smoking in all buildings and facilities that are owned, leased or operated by the City of Harrisburg.

§ 6-331.2 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed and defined as follows:
ENCLOSED AREA
All space between a floor and ceiling that is enclosed on all sides by solid walls and/or windows (exclusive of doorways) which extend from the floor to the ceiling.
PLAYGROUND
Any outdoor recreational area owned or operated by the City of Harrisburg, which contains equipment intended for use by children only. The term playground shall include all recreational areas listed in the document attached hereto and marked "Exhibit A," which may be amended from time to time by the Director of Parks, Recreation and Enrichment and shall be kept on file in the office of the City Clerk. The term "playground" shall also include all playground areas located within a larger City park.
[Amended 6-8-2010 by Ord. No. 6-2010]
POOL
Any swimming facility in the City owned or operated by the City of Harrisburg.
[Added 10-25-2016 by Ord. No. 18-2016]
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or any other lighted tobacco products in any manner or in any form.

§ 6-331.3 Prohibition of smoking in indoor areas.

Smoking shall be prohibited within all enclosed areas located within all buildings and vehicles owned, leased or operated by the City of Harrisburg, with no exceptions.

§ 6-331.4 Prohibition of smoking in outdoor areas; applicability.

A. 
Smoking shall be prohibited in any and all playgrounds and pools, as defined herein, which are owned, leased or operated by the City of Harrisburg.
[Amended 10-25-2016 by Ord. No. 18-2016]
B. 
Smoking shall be prohibited in all outdoor areas within 15 feet of any playground or pool or any entrance to any enclosed area where smoking is prohibited pursuant to this chapter. Any ashtrays or cigarette depositories placed outside of a building shall be dispersed in such a manner as to avoid the clustering of all individuals who are smoking into one small area.
[Amended 10-25-2016 by Ord. No. 18-2016]
C. 
This chapter shall not be construed as prohibiting smoking within any City-owned park, except as provided by Subsection A above.
D. 
This chapter shall not be construed as prohibiting smoking on public sidewalks except as provided by Subsection B above.

§ 6-331.5 Nonretaliation.

No City employee or elected official shall discharge, refuse to hire or in any manner retaliate or discriminate against any City employee or applicant for employment because that employee or applicant for employment exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.

§ 6-331.6 Posting of signs; removal of ashtrays.

A. 
The owner, operator, manager or other person in control of any enclosed area where smoking is prohibited pursuant to the provisions of this chapter shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) at every entrance to and inside all such places.
B. 
The owner, operator, manager or other person in control of any enclosed area in which smoking is prohibited pursuant to the provisions of this chapter shall remove all ashtrays from such areas.

§ 6-331.7 Declaration of nonsmoking establishment.

An owner, operator, manager or other person in control of any establishment, facility or outdoor area not regulated by this chapter may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of § 6-331.6 is posted.

§ 6-331.8 Enforcement.

A. 
This chapter shall be enforced by the Director of the Bureau of Codes Enforcement, the Director of the Department of Parks, Recreation and Enrichment, and/or the Chief of Police, or designees. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the City's Bureau of Codes Enforcement or Bureau of Police.
[Amended 6-8-2010 by Ord. No. 6-2010]
B. 
An owner, operator, manager or other person in control of an area regulated by this chapter shall request that any person violating the provisions of this chapter either cease the violation immediately or leave the premises.
[Amended 10-25-2016 by Ord. No. 18-2016]

§ 6-331.99 Penalty.

Any person who smokes in a place where smoking is prohibited by the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be fined $50.