[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.
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.Â
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.
B.Â
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.
