As used in this article, the following terms shall have the
meanings indicated:
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter than can be
smoked.
No person shall engage in smoking or the use of tobacco or tobacco-related
products and/or discarding of those products in any area designed
as "tobacco-free" and/or beyond any point which is otherwise marked
as "no smoking beyond this point" or similar language, or on any Borough-owned,
leased or utilized property open to the public or to which the public
is invited, including, but not limited to, the Municipal Building
and its grounds, the Department of Public Works Building and its grounds
and all public parks, trails and any other public recreational facility
or area.
Any person violating any provision of this article shall, upon
conviction, be subject to the following penalties:
A. A fine of not less than $50 but not exceeding $100 for the first
offense;
B. A fine of not less than $100 but not exceeding $200 for the second
offense;
C. A fine of not less than $200 but not exceeding $500 for the third
and subsequent offense.