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City of New Castle, DE
New Castle County
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[HISTORY: Adopted by The Mayor and Council of New Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-1970 by Ord. No. 190]
The City of New Castle hereby agrees to exercise park and library local service functions pursuant to 9 Delaware Code § 1102.
For purposes of 9 Delaware Code § 1102, the City of New Castle shall be considered to be performing said local service functions as of July 1, 1970, provided that New Castle County adopts an ordinance having an effect similar to this article, and the City of New Castle shall otherwise qualify for such local service function under the provisions of Title 9 Delaware Code, Chapter 11, prior to June 1, 1970.
[Adopted 8-9-2011 by Ord. No. 484]
A. 
As used in this article, the following terms shall have the meanings indicated:
SMOKING
The burning or combustion of any cigarette, cigar, pipe, any similar article or any device or other matter or substance that contains tobacco or another combustible substance.
B. 
Smoking shall be prohibited at all times of the year in the following outdoor public places:
(1) 
All children's playgrounds open to the public.
(2) 
All City parks open to the public, except that in Battery Park and Dobbinsville Park there shall be areas designated by signs as "No Smoking" areas, which shall include playgrounds, basketball courts and other designated areas.
C. 
No person shall be prosecuted for violation of this article unless signs, readily visible to the public, are posted in appropriate places at the entrances to those areas where smoking is prohibited, indicating that smoking is prohibited and indicating that violations are subject to penalties.
D. 
Any person violating any provision of this article shall, upon conviction, be subject to a fine not less than $25 nor more than $250 and/or imprisonment for a term not less than 10 days nor more than 30 days for the first such violation. For a second or any subsequent violation, the penalty shall be a fine not less than $50 nor more than $500 and/or imprisonment between 20 and 60 days.