[HISTORY: Adopted by the Borough Council of the Borough of Ephrata as indicated in article histories. Amendments noted where applicable.]
Article I Use by Minors
[Adopted 8-11-2014 by Ord. No. 1508]
It shall be unlawful for any minor to use or possess tobacco products, or simulated tobacco products, in any form, within the Borough of Ephrata, on any Borough-owned property, in any park, and/or on any public street, highway, alley or sidewalk within the Borough of Ephrata.
As used in this article, the following terms have the meanings indicated:
- A minor way, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear and/or side of properties or otherwise abutting a street. An alley is not intended for general traffic circulation.
- The surface of a highway, street, drive or alley available for vehicular traffic.
- ELECTRONIC CIGARETTE
- Also known as an e-cigarette, personal vaporizer (PV), or electronic nicotine delivery system (ENDS), is a battery-powered device which simulates tobacco smoking by producing a vapor that resembles smoke. It generally uses a heating element known as an atomizer, which vaporizes a liquid solution. Solutions commonly contain a mixture of propylene glycol, glycerin, nicotine, and flavorings. Others may release a flavored vapor, without nicotine.
- 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 the purpose of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on the grounds of a public or private school or on the grounds of a public or historical park.
- Any person or persons under the age of 18 years.
- That portion of a street between curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
- Land reserved for the public or others including a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
- A lit or unlit cigarette, cigar, pipe or other lighted smoking product, as well as smokeless tobacco in any form, including chewing tobacco.
This article shall not apply to a minor possessing or using tobacco in a nonpublic place which constitutes the residence of the minor and his or her parents or guardian, or outside of the Borough of Ephrata.
A violation of this article shall constitute a summary offense, and upon conviction, the minor shall be sentenced to pay a fine of not more than $300 and all costs of prosecution including reasonable attorney fees incurred by the Borough for each offense.
All ordinances or parts of ordinances in conflict with the provisions of this article are hereby repealed, insofar as the same affects this article.
In any word, phrase, sentence, part, section, or other portion of this article or any application thereof to any person or circumstances is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable and the remaining provisions of this article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect.
This article shall become effective at the earliest date provided by law.