Town of Milton, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Milton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-7-2011 by Ord. No. 2011-001]
As used in this article, the following terms shall have the meanings indicated:
SMOKING
The burning or combustion of any cigar, cigarette, pipe, any similar article, or any device that contains tobacco or other combustible substance.
Every person, firm, and corporation is prohibited from smoking at all times of the year within any of the following areas:
A. 
Memorial Park.
B. 
Mill Park.
C. 
Rails to Trails.
No person shall be prosecuted for violation of this chapter unless:
A. 
Signs, readily visible to the public, are posted at the entrances to those areas where smoking is prohibited, indicating when smoking is prohibited and indicating that violations are subject to penalties; and
B. 
A cigar or cigarette butt receptacle is provided and marked at the entrances.
Unless otherwise provided elsewhere in the Town Code, any person, firm, or corporation violating any provision of this article shall, upon conviction, be subject to a fine not less than $25 nor more than $200 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 for a term not less than 20 days nor more than 60 days. Each day that a violation of any of the provisions of this article continues shall be deemed a separate and distinct violation.