[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.
SMOKING
As used in this article, the following terms shall have the meanings
indicated:
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:
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.