Borough of Crafton, PA Chapter 185 Smoking

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

GENERAL REFERENCES

Parks and recreation areas — See Ch. 154.

Article I Smoking on Borough-Owned Property

[Adopted 8-28-2012 by Ord. No. 1612]

§ 185-1 Short title.

This article shall be known as the "Crafton Borough No-Smoking Ordinance."

§ 185-2 Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

BOROUGH-OWNED PROPERTY

All facilities and property owned by the Borough of Crafton.

SMOKING

Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant, or other combustible substance in any manner or in any form.

§ 185-3 Applicability.

All Borough-owned properties (enclosed and outside) shall be subject to the provisions of this article, including Borough vehicles.

§ 185-4 Smoking prohibition.

A. Smoking shall be prohibited in or on, but not limited to, the following Borough-owned properties:

(1) Borough municipal building.

(2) Borough library.

(3) Borough swimming pool.

(4) Borough parks (including but not limited to picnic areas, playground equipment areas, baseball fields, including bleachers, basketball courts, volleyball courts, stage and stage seating areas).

B. The above locations include every room, chamber, place of meeting or public assembly, to the extent such place is subject to the jurisdiction of the Borough.

§ 185-5 Reasonable distance.

Smoking shall occur at a reasonable distance outside any area where smoking is prohibited to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or any other means. It shall be a violation for smoke to be detected in any area where smoking is prohibited.

§ 185-6 Enforcement.

A. Enforcement of this article shall be implemented by Borough Police Department as directed by Council.

B. Any citizen who desires to register a complaint under this article may initiate enforcement with the Borough Police Department.

C. Upon finding that any provision of this article has been violated, the Police Department shall issue a notice of violation (NOV) to the person(s) responsible for the violation. The NOV shall be in writing and shall be served upon the person(s) responsible for the violation by one or more of the following methods: delivery in person or first-class mail. The NOV shall state:

(1) The location of the violation;

(2) The nature of the violation;

(3) The fine assessed for the violation;

(4) That the fine is paid at the Borough's Police Department; and

(5) Procedures for appealing the fine.

§ 185-7 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.

B. Any person who violates any provision of this article shall be subject to a fine of up to $200 for each violation of this article, which shall be processed through the Crafton Borough Police Department. If, after multiple violations by the same person, the Crafton Borough Police Department has reason to believe that the fines will not be effective in enforcing this article, then the Crafton Borough Police Department shall be empowered to seek any other remedies provided by law.

§ 185-8 Other applicable laws.

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.