Township of Cheltenham, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 82.
Alarms — See Ch. 86.
Alcoholic beverages — See Ch. 90.
Fire prevention — See Ch. 151.
[Adopted 10-19-1982 by Ord. No. 1549]

§ 246-1 Title.

This article shall be known and cited as "Smoking on Public Transportation."

§ 246-2 Applicability.

This prohibition shall apply to school buses.

§ 246-3 Violations and penalties.

[Amended 11-21-1995 by Ord. No. 1846-95]
Any person who shall violate the provisions of this article, upon a summary conviction according to law, shall be punished by a fine of not more than $600.
[Adopted 12-17-1985 by Ord. No. 1613]

§ 246-4 Title.

The following shall be entitled "Smoking Regulations in Public Places and Public Meetings."

§ 246-5 Definitions.

The following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them:
PUBLIC PLACE
Any enclosed indoor area used by the general public, including but not limited to restaurants, retail stores, public conveyances, educational facilities, hospitals, nursing homes, auditoriums and elevators.
PUBLIC MEETING
All meetings open to the public pursuant to the Act of July 19, 1974 (P.L. 486, No. 175), referred to as the "Public Agency Open Meeting Law."[1]
SMOKING
Includes carrying a lighted cigarette, cigar, pipe or any other lighted smoking equipment.
[1]
Editor's Note: The Public Agency Open Meeting Law was repealed July 3, 1986, by P.L. 388, No. 84, § 17. See now 65 P.S. § 271 et seq.

§ 246-6 Prohibitions on smoking; exceptions.

A. 
General rule. No person shall smoke in a public place or at a public meeting except in designated smoking areas.
B. 
Exceptions. This prohibition shall not apply:
(1) 
When an entire room or hall is used for a private social function.
(2) 
To private clubs.
(3) 
To areas not open to the public, intended for employees or office space.
(4) 
To restaurants where seating capacity is 40 seats or fewer.
(5) 
To areas intended for the consumption of alcoholic beverages and snacks only.
(6) 
Common areas of shopping malls.

§ 246-7 Designation of smoking areas.

Smoking areas may be designated where there is an area large enough to separate effectively smokers from nonsmokers.

§ 246-8 Posting of notices.

All persons, firms or corporations who own, lease or operate a public place within the Township of Cheltenham shall post notices of the prohibition under this article in such locations and number as to advise the general public of such prohibition. Words on such notices which state "No Smoking" or "Smoking Area" or equivalent phrases shall be at least two inches high.

§ 246-9 Enforcement.

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]
The provisions of this article shall be enforced by any police officer of the Township of Cheltenham or any affected party. Any public conveyance operator may eject any passenger violating the prohibition of this article.

§ 246-10 Violations and penalties.

[Amended 11-21-1995 by Ord. No. 1846-95]
Any person who shall violate any of the provisions of this article shall be liable, on conviction thereof, to a fine or penalty of not more than $600 per day or occurrence. Such fine or penalty shall be collected as like fines or penalties are now by law collected.