[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 6-21-1999 by Ord. No. 1,231, effective 7-11-1999 (Ch. 178 of the 1991 Code); amended in its entirety 5-6-2019 by Ord. No. 6-19, effective 5-26-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH BUILDINGS
Includes all structures owned or leased by the Borough of Lincoln Park and/or occupied by Borough employees and used for official business of the Borough of Lincoln Park.
BOROUGH PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, swimming pools, lakes, trails, and plazas publicly owned or leased by the Borough of Lincoln Park and all property owned or leased by the Borough of Lincoln Park upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to sidewalks, any parking areas, driveways or drive aisle.
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 that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic nicotine delivery system (ENDS) device.
A. 
Smoking shall be prohibited in all municipal buildings as defined herein.
B. 
Smoking shall be prohibited within a thirty-five-foot radius of the entrances of all municipal buildings. This exception shall not apply to Borough buildings located within Borough parks and recreational areas. Smoking shall be prohibited outside of all Borough buildings located within Borough parks and recreational areas.
C. 
Smoking shall be prohibited in all Borough parks and recreational facilities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway or drive aisle and within 35 feet of such areas.
"No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at entrances to all municipal buildings and at all park and recreational facilities where smoking is prohibited by this chapter. The signs must also indicate that violators are subject to a fine.
A. 
The provisions of this chapter shall be subject to enforcement by the Borough Health Officer, the Borough Code Enforcement Officer, and the Lincoln Park Police Department.
B. 
Every person convicted of a violation of this chapter shall be subject to a fine of $100 for the first offense, a fine of $250 for a second offense, and a fine of $500 for a third and subsequent offense.