[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Makefield as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-16-1995 by Ord. No. 293]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
PUBLIC BUILDING
The Township Municipal Building and any other buildings owned or operated by the Township of Lower Makefield.
SCHOOL BUILDING
Any facility either owned or leased by the Pennsbury School District that is currently being used to accommodate students.
SCHOOL BUS
Any vehicle either owned or leased by the Pennsbury School District that is currently being used to transport students.
SCHOOL GROUNDS
Any grounds owned or leased by the Pennsbury School District.
SMOKING
Possession of a lighted cigarette, cigar, pipe or other lighted smoking equipment.
STUDENTS
Any individual who is enrolled in the educational classes conducted within the school buildings of the Pennsbury School District.
TOBACCO USE
Smoking and the use of smokeless tobacco in any form.
A. 
Smoking and tobacco use by students is prohibited in all school buildings and on all school grounds and school buses. It is unlawful for a student to carry or use a lighted pipe, cigar or cigarette or smokeless tobacco in these locations.
B. 
School officials, in cooperation with the Fire Marshal, shall post "No Smoking" signs in each building, structure, room or place where smoking is prohibited. It shall be unlawful to remove, deface, mutilate or destroy a "No Smoking" sign.
C. 
Smoking and tobacco use by the public is prohibited in the Township Building and all other buildings owned and operated by Lower Makefield Township.
D. 
It shall be unlawful for any person to obscure, remove, deface, mutilate or destroy the authorized posted "No Smoking" signs.
[Amended 10-21-1996 by Ord. No. 305]
Any person violating any section of this article shall be subject to a fine in an amount not exceeding fifty dollars ($50.) for the first offense, plus costs of prosecution, including reasonable attorney's fees, and thereafter any subsequent offense shall be punishable by a fine in an amount not exceeding three hundred dollars ($300.), plus costs of prosecution, including reasonable attorney's fees. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
Whenever the requirements of this article are in conflict with other requirements of the Ordinances of the Township of Lower Makefield the most restrictive, or those imposing the higher standards, shall govern.
[Adopted 7-2-2008 by Ord. No. 376]
The purpose of this article is to protect public health and to provide for the comfort of all parties by regulating and controlling smoking in certain public places since smoking poses a significant risk to the health of the general public. Recent medical studies indicate that long-term exposure to involuntary smoking may seriously threaten the health of nonsmokers, and this article is intended to protect the health of all residents and visitors of the Township.
As used in this article, the following words and phases shall have the meanings indicated:
PUBLIC PLACE
Any indoor or outdoor facility owned by the Township and used by the general public, including any park or recreational facilities, or serving as a place of work for public employees or a meeting place for a public body.
SMOKING
The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
TOWNSHIP
The Township of Lower Makefield, County of Bucks.
Smoking shall be prohibited on all Township owned property and public places, including all park areas owned by the Township, all Township recreational facilities, and all other areas, whether indoors or outdoors, owned by the Township, except that smoking shall be permitted in specific areas at said facilities as posted by the Township, including the Makefield Highlands Golf Course.
A. 
A first violation of this article shall be punishable by a civil fine of $50. A second violation of this article shall be punishable by a civil fine of $100. Third and subsequent violations of this article shall be punishable by a civil fine of not more than $250.
B. 
Furthermore, in addition to the penalties set forth above, any Township employees who violate the provisions of this article shall be subject to such disciplinary action as deemed appropriate by the Township Manager or his designee for a final decision. In all cases, the rights of a nonsmoker to protect his or her health and comfort shall take precedence over an employee's desire to smoke.
The Lower Makefield Township Police Department, the Township's Code Enforcement Officer and the Board of Supervisors, in addition to any other Township department as approved by the Board of Supervisors, shall have full authority to enforce this article and to issue such citations as necessary for any violations of this article.