[HISTORY: Adopted by the City Council of the City of Harrisburg 5-9-2006 by Ord. No.
8-2006. Amendments noted where applicable.]
A.Â
The U.S. Environmental Protection Agency (hereinafter, "EPA") has
classified tobacco smoke, also known as secondhand smoke, as a Group
A carcinogen, along with arsenic, asbestos, benzene, radon and other
poisons. The EPA, Surgeon General and Centers for Disease Control
and Prevention have all agreed that secondhand smoke can cause heart
disease, lung disease and cancer in healthy nonsmokers. The National
Cancer Institute determined in 1999 that secondhand smoke is responsible
for the deaths of 65,000 nonsmoking Americans annually. A 1992 EPA
report concluded that for children, exposure to secondhand smoke is
causally linked with, among other things, an increased risk of respiratory
illnesses, such as bronchitis and pneumonia, an increase in the prevalence
of fluid in the inner ear, and a significant reduction in the lung
function of children. Moreover, the EPA found that the exposure to
secondhand smoke increases the number of episodes and the severity
of symptoms in asthmatic children and causes thousands of nonasthmatic
children to develop this condition each year.
B.Â
The Surgeon General has determined that the simple separation of
smokers and nonsmokers within the same air space may reduce but does
not eliminate the exposure of nonsmokers to secondhand smoke. The
EPA has determined that secondhand smoke cannot be reduced to safe
levels in businesses by high rates of ventilation. Air filters, which
are only capable of filtering the particulate matter and odor in secondhand
smoke, do not eliminate the known toxins contained therein. It is,
therefore, the intent of Council to protect the health and welfare
of all City employees, as well as the general public, by enacting
restrictions on smoking in all buildings and facilities that are owned,
leased or operated by the City of Harrisburg.
The following words and phrases, whenever used in this chapter,
shall be construed and defined as follows:
All space between a floor and ceiling that is enclosed on
all sides by solid walls and/or windows (exclusive of doorways) which
extend from the floor to the ceiling.
Any outdoor recreational area owned or operated by the City
of Harrisburg, which contains equipment intended for use by children
only. The term playground shall include all recreational areas listed
in the document attached hereto and marked "Exhibit A," which may
be amended from time to time by the Director of Parks, Recreation
and Enrichment and shall be kept on file in the office of the City
Clerk. The term "playground" shall also include all playground areas
located within a larger City park.
[Amended 6-8-2010 by Ord.
No. 6-2010]
Any swimming facility in the City owned or operated by the
City of Harrisburg.
[Added 10-25-2016 by Ord. No.
18-2016]
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, or any other lighted tobacco products in any manner
or in any form.
Smoking shall be prohibited within all enclosed areas located
within all buildings and vehicles owned, leased or operated by the
City of Harrisburg, with no exceptions.
A.Â
Smoking shall be prohibited in any and all playgrounds and pools,
as defined herein, which are owned, leased or operated by the City
of Harrisburg.
[Amended 10-25-2016 by Ord. No.
18-2016]
B.Â
Smoking shall be prohibited in all outdoor areas within 15 feet of
any playground or pool or any entrance to any enclosed area where
smoking is prohibited pursuant to this chapter. Any ashtrays or cigarette
depositories placed outside of a building shall be dispersed in such
a manner as to avoid the clustering of all individuals who are smoking
into one small area.
[Amended 10-25-2016 by Ord. No.
18-2016]
No City employee or elected official shall discharge, refuse
to hire or in any manner retaliate or discriminate against any City
employee or applicant for employment because that employee or applicant
for employment exercises any rights afforded by this chapter or reports
or attempts to prosecute a violation of this chapter.
A.Â
The owner, operator, manager or other person in control of any enclosed
area where smoking is prohibited pursuant to the provisions of this
chapter shall clearly and conspicuously post "No Smoking" signs or
the international "No Smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar across
it) at every entrance to and inside all such places.
B.Â
The owner, operator, manager or other person in control of any enclosed
area in which smoking is prohibited pursuant to the provisions of
this chapter shall remove all ashtrays from such areas.
An owner, operator, manager or other person in control of any establishment, facility or outdoor area not regulated by this chapter may declare that entire establishment, facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of § 6-331.6 is posted.
A.Â
This chapter shall be enforced by the Director of the Bureau of Codes
Enforcement, the Director of the Department of Parks, Recreation and
Enrichment, and/or the Chief of Police, or designees. Any citizen
who desires to register a complaint under this chapter may initiate
enforcement with the City's Bureau of Codes Enforcement or Bureau
of Police.
[Amended 6-8-2010 by Ord.
No. 6-2010]
B.Â
An owner, operator, manager or other person in control of an area
regulated by this chapter shall request that any person violating
the provisions of this chapter either cease the violation immediately
or leave the premises.
[Amended 10-25-2016 by Ord. No.
18-2016]
Any person who smokes in a place where smoking is prohibited
by the provisions of this chapter shall be guilty of a summary offense
and, upon conviction thereof, shall be fined $50.
