[HISTORY: Adopted by the Township Committee of the Township of Waterford as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-2011 by Ord. No. 2011-14]
The Township of Waterford finds and declares that the resolution of the conflict between the right of the smoker to smoke and the right of the nonsmoker to breathe clean air involves a determination of when and where, rather than whether, a smoker may legally smoke. It is not the public policy of the Township of Waterford to deny anyone the right to smoke. However, the Township of Waterford finds that, in government buildings owned or leased by the Township of Waterford and on all public property owned or leased by the Township of Waterford, the right of the nonsmoker to breathe clean air supersedes the right of the smoker to smoke. In addition to the deleterious effects upon smokers, tobacco smoke is at least an annoyance and a nuisance to a substantial percentage of the nonsmoking public and a substantial health hazard to a smaller segment of the nonsmoking public. Furthermore, smoking creates a substantial health hazard to the youth of the Township who may be participating in activities in buildings or properties owned or leased by the Township. Therefore, the purpose of this chapter is to protect the interest of nonsmokers in public buildings and on public property owned or leased by the Township and to allow smokers the right to smoke only in designated areas established by the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC BUILDING
- Any building or portion of a building owned or leased by the Township of Waterford.
- PUBLIC PROPERTY
- Any real property, or portion thereof, owned or leased by the Township of Waterford, to include parking lots, parks, playgrounds and other recreation facilities.
- The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or a similar substance.
- TOBACCO PRODUCT
- Cigarette, cigar, smokeless tobacco to include snuff, chewing
tobacco or any substance that contains tobacco.[Added 2-28-2018 by Ord. No. 2018-3]
Smoking is prohibited in all public buildings owned or leased by the Township of Waterford and on all public property owned or leased by the Township of Waterford. In public buildings or public property owned or leased by the Township of Waterford, a designated smoking area may be established, which shall be clearly identified, and is the only area within a public building or on any public property where smoking is permitted.
Notice of this chapter shall be provided to all Township employees and to any employee organization's duly elected representative.
All places affected by this chapter shall be identified by signs posted by the Township with letters, at least one inch in height, stating "Smoking Prohibited" or "Smoking Permitted," or the signs shall be designated by the appropriate "Smoking Prohibited" or "Smoking Permitted" international symbol. The letters or symbols shall contrast in color with the sign. The sign shall also indicate that any person violating this chapter shall be subject to a fine and that a person who smokes in a nonsmoking area may be denied continued access to that area or to the services offered by the Township until compliance with this chapter. Every sign required by this chapter shall be located so as to be clearly visible to both the public and the Township employees.
[Amended 2-28-2018 by Ord. No. 2018-3]
Any person violating the provisions of this chapter shall, upon conviction thereof, pay a penalty of $100 for a first offense and a penalty of $200 for each subsequent offense.