[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-2014 by Ord. No. 903, approved 4-1-2014]
It is declared that the use and possession of tobacco products by a person under the age of 18 is contrary to the health, safety, morals and general well-being of the public at large, as well as the minors possessing or using such products. Therefore, it shall be unlawful for any minor to use or possess tobacco, in any form, within the Borough of Shippensburg. Additionally, it shall be unlawful for any minor to use or possess tobacco, in any form, on any Borough-owned property, and/or on any public street, highway, alley or sidewalk located within the Borough of Shippensburg.
As used in this article, the following terms shall have the meanings indicated:
- A minor way, which may or may not be legally dedicated and which is used primarily for vehicular service access to the rear and/or side of properties otherwise abutting a street. An alley is not intended for general traffic circulation.
- The surface of a street, drive or alley available for vehicular traffic.
- The entire width between the boundary lines of every publicly maintained roadway, when any part thereof is open to the use of the public for purpose of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a public school or public park.
- Any person or persons under the age of 18 years.
- PUBLIC STREET
- Land reserved for the public or others for use as a street or other purpose. Unless otherwise stated, "right-of-way" shall mean the existing right-of-way line.
- That portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
- A lit or unlit cigarette, electronic cigarette, personal
vaporizer (used for vaping), cigar, pipe or other lighted smoking
product, as well as smokeless tobacco in any form, including chewing
tobacco.[Amended 9-6-2016 by Ord. No. 916, approved 9-6-2016]
This article shall not apply to a minor using tobacco products in a nonpublic place which constitutes the residence of the minor and his or her parents or guardian, or outside of the Borough of Shippensburg.
[Amended 9-6-2016 by Ord. No. 916, approved 9-6-2016]
A violation of this article is a summary offense, and upon conviction the minor shall be subject to a fine of $90, plus court costs and reasonable attorney fees. However, if the conviction is the first offense, in lieu of the fine, the fine may be waived by the Magisterial District Judge if the violator elects to complete a counseling program required by the Magisterial District Judge with a counselor who is licensed by the Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Subsequent violations shall constitute a summary offense, and upon conviction, the minor shall be sentenced to pay a fine of up to $300 and any/all costs of prosecution as well as reasonable attorney fees incurred by the Borough for each offense.