City of Lebanon, NH Chapter 160 Tobacco Products and Equipment

[HISTORY: Adopted by the City Council of the City of Lebanon 5-3-2017 by Ord. No. 2017-02; effective 7-1-2017. Amendments noted where applicable.]

§ 160-1 Findings and purpose.

The City of Lebanon finds that, based on determinations and studies by various official agencies, the use of tobacco products is a significant public health hazard, including secondhand use. The purpose of this chapter is to protect the health and well-being of all members of the public who have occasion to attend public places, facilities, libraries, and City recreational parks, by restricting the use of tobacco products as outlined herein. Disposal of cigarette butts and other tobacco products is restricted under New Hampshire RSA 163-B to provide for uniform prohibition throughout the state of any and all littering on public or private property and to curb thereby the desecration of the beauty of the state and harm to the health, welfare and safety of its citizens caused by individuals who litter.

§ 160-2 Definitions.

The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

SMOKING OR USE OF TOBACCO PRODUCTS OR EQUIPMENT

Using tobacco products or equipment to produce the effect of smoking or for the intended purpose of the particular tobacco product or equipment.

TOBACCO EQUIPMENT

Any product or device that is intended to deliver or facilitate delivery of tobacco products for use by one or more persons. Such equipment includes but is not limited to bowls, pipes, chimneys, e-cigarettes, rolling paper or other assistive devices.

TOBACCO PRODUCTS

Any product made fully or in part of tobacco or natural or synthetic material intended to simulate tobacco, the intended use of which is smoking, chewing or inhaling. Such products include, but are not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless tobacco or any other tobacco product or product that simulates tobacco.

§ 160-3 Use prohibited.

A. Use of all tobacco products and equipment is prohibited within 30 feet of any main entrance or exit, and any operable window, of all City owned buildings. This shall include sidewalks and walkways, except when actively passing on the way to another destination.

B. Except in areas designated under § 160-4 herein, the use of all tobacco products and equipment is prohibited in each of the following City-owned parks, libraries, and public places, including but not limited to the description below.

(1) Colburn Park. The entire park area, including all areas inside the perimeter fence.

(2) Civic Park. The entire park, including but not limited to all athletic playing fields, dugouts, bleachers and benches, viewing areas, playground, tennis courts, basketball court, bathrooms, pavilion building, and any other area not expressly named.

(3) Eldridge Park. The entire park, including but not limited to the athletic playing fields, bleachers, dugouts, pavilion and bathroom building, parking area, and any other area not expressly named.

(4) Pat Walsh Park. The entire park area, including but not limited to all athletic playing fields, ice skating rinks, warming hut, playground area, and any other area not expressly named.

(5) Fellows Hill Park. The playground area, picnic area, and parking area.

(6) Lebanon Mall. The entire walking mall area.

(7) Logan Park. The entire park, including but not limited to the athletic playing fields, bleachers, dugouts, concession building, and any other area not expressly named.

(8) Storrs Hill Ski Area. The ski lodge building and deck, and ski slope.

(9) Riverside Community Park. The entire park, including but not limited to the pavilion, horseshoe pits, playgrounds, picnic areas, skate park, parking area, and any other area not expressly named.

(10) Lebanon Memorial Pool. The entire pool area, including the parking lot, inside the fencing, and around the playground area.

(11) Kilton Library. The entire library grounds, including but not limited to the steps and covered entryways, lawns and gardens, and any other area not expressly named.

(12) Lebanon Library. The entire library grounds, including but not limited to the steps, entryways, lawns, and any other area not expressly named.

C. The use of all tobacco products and equipment is prohibited during any event or activity sanctioned and/or permitted by the City at the following leased parks:

(1) Basin Fields, former junior high school. The entire park area, including playing fields and spectator area.

(2) Elks Field. The entire park area, including ball field and bleachers area.

§ 160-4 Designated areas.

Use of tobacco products shall be permitted in the above-listed City-owned parks, libraries, and public places only in such designated areas as determined by the City Manager, as outlined below.

A. Such area be not less than five feet on any side.

B. Such area is not located within five feet of any entrance or exit, or walkway to such entrance or exit, of any building or other area open to the public where smoking or use of tobacco products is otherwise prohibited.

C. Such area is posted with one or more conspicuously displayed sign(s) that identify the area as a designated area for tobacco use.

D. The City Manager may require, in their sole discretion, that any such area be modified or removed if it creates a nuisance or public health hazard.

§ 160-5 Distribution and sales prohibited.

[Amended 2-4-2020 by Ord. No. 2020-01]

A. No person, firm, association, corporation, or other legal entity selling or otherwise distributing tobacco products or equipment shall sell or distribute tobacco products or equipment to a person under the age of 21.

B. No person, firm, association, corporation or other legal entity selling or otherwise distributing tobacco products or equipment shall distribute, direct, authorize or permit any agent or employee to distribute any tobacco product or equipment, coupons or other related material to any person at any city park, library or public place.

§ 160-6 Signs required.

Signs shall be prominently placed and maintained at all applicable City parks, libraries, and public places, notifying the public of the prohibition against the use of tobacco products and equipment. Such signs shall state: "The use of tobacco products and equipment in this public area is strictly prohibited. Please use designated area."

§ 160-7 Violations and penalties.

Any person who is found to have violated the provision of this chapter shall be subject to a civil penalty in the amount of $25 for the first offense, $50 for the second offense, and $100 for the third offense and subsequent offenses. Additionally, violators may be removed from the park or recreational area or facility. In addition to these penalties, persons under the age of 18 shall be subject to the provisions of RSA 126-K.