[Ord. 1129, 1/3/2007; as amended by Ord. No. 1232, 6/2/2021]
It is declared that the use and possession of tobacco products
by persons under the age of 18 is contrary to the health, safety,
and general well-being of the public at large, the minors engaging
in such conduct, and the residents of the Borough of Quakertown.
[Ord. 1129, 1/3/2007; as amended by Ord. No. 1232, 6/2/2021]
It shall be unlawful for any minor under the age of 18 years
of age to use or possess tobacco, in any form, or use or possess an
electronic cigarette on any public street, public right-of-way (including
the cartway and sidewalk area), highway, trafficway, alley, or sidewalk
within the Borough of Quakertown.
[Ord. 1129, 1/3/2007]
As used in this Part, the following terms shall have the meanings
indicated:
ALLEY
A street or highway intended to provide access to the rear
or side of lots of buildings and not intended for the purpose of vehicular
traffic.
ELECTRONIC CIGARETTE
An electronic oral device, such as one composed of a heating
element and battery, electronic circuit, or both. An electronic cigarette
provides a vapor of nicotine or any other substance for inhalation
or tasting, and the use or inhalation of an electronic cigarette simulates
smoking.
[Ord. No. 1232, 6/2/2021]
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for the purpose of vehicular travel. The term includes a roadway
open to the use of the public for vehicular travel on the grounds
of a public or private school or public park.
PUBLIC RIGHT-OF-WAY
The area dedicated by ordinance by the Borough of Quakertown
as a street open to use by the general public.
ROADWAY
That portion of the highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
SIDEWALK
That portion of a street between curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use by pedestrians.
SMOKING
The inhaling or tasting of smoke or vapor produced by burning
substances, most commonly tobacco. Also includes the use of an electronic
cigarette.
[Ord. No. 1232, 6/2/2021]
TOBACCO
A lighted or unlighted cigarette, cigar, pipe or other lighted
smoking product, and smokeless tobacco in any form.
TRAFFICWAY
The entire width between the property lines or other boundary
lines of every way or place, of which any part is open to the public
for purposes of vehicular travel as a matter of right or custom.
[Ord. 1129, 1/3/2007]
A violation of this Part shall be a summary offense, and any
person who violates this Part shall, upon conviction, be sentenced
to pay a fine of up to $50 and costs of prosecution for each offense
thereof.