Borough of Emmaus, PA
Lehigh County
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[Ord. 542, 3/1/1976, § 1; as amended by Ord. 675, 11/17/1986]
From and after the effective date of this Part, the smoking or carrying of lighted cigars, cigarettes or pipes, and the use of any match, spark, flame, or fire producing device in any retail store in which in the judgment of the Fire Chief, or fire official of the Borough of Emmaus the use of any match, flame, or fire-producing device would be unsafe and create a hazard, is declared to be a nuisance prejudicial to the public welfare, and to the health and safety of persons in said retail stores, and each and all of said acts are hereby prohibited. Provided, that this prohibition shall not include smoking a cigar, pipe, or cigarette, or using a match, spark, flame, or fire-producing device in any restaurant room, in any restroom in any beauty parlor, in any executive room, of any office, particularly designated for smoking in any such retail store; and provided, further, that the terms "Retail Store" shall not be construed to include those places where food or drink is sold only for consumption on the premises.
[Ord. 542, 3/1/1976, § 2; as amended by Ord. 675, 11/17/1986]
The Fire Chief, or fire official shall notify in writing the owner and/or tenants of retail stores in which the use of any match, flame or fire-producing device is deemed unsafe and to create a hazard.
[Ord. 542, 3/1/1976, § 3; as amended by Ord. 675, 11/17/1986]
Any owner and/or tenant of any retail store may contact the Fire Chief, or fire official to have him inspect a subject premises and determine whether the use of any match, flame or fire-producing device would be unsafe and create a hazard on said premises. Such request from the aforementioned owner and/or tenant shall be in writing.
[Ord. 542, 3/1/1976, § 4; as amended by Ord. 675, 11/17/1986]
After passage hereof, all retail stores to which the provisions of this Part shall become applicable, forthwith shall post "No Smoking" signs of such size and character as shall be approved by the Fire Chief and fire official, setting forth the fines and penalties as provided for in this Part, in not less than four conspicuous places in each said retail store.
[Ord. 542, 3/1/1976, § 5; as amended by Ord. 675, 11/17/1986]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days.