[HISTORY: Adopted by the Borough Council of the Borough of
Ephrata as indicated in article histories. Amendments noted where
applicable.]
[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.
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.
