[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.
