[HISTORY: Adopted by the City Council of the City of Lebanon 5-3-2017 by Ord. No. 2017-02; effective 7-1-2017. Amendments noted where applicable.]
The City of Lebanon finds that, based on determinations and
studies by various official agencies, the use of tobacco products
is a significant public health hazard, including secondhand use. The
purpose of this chapter is to protect the health and well-being of
all members of the public who have occasion to attend public places,
facilities, libraries, and City recreational parks, by restricting
the use of tobacco products as outlined herein. Disposal of cigarette
butts and other tobacco products is restricted under New Hampshire
RSA 163-B to provide for uniform prohibition throughout the state
of any and all littering on public or private property and to curb
thereby the desecration of the beauty of the state and harm to the
health, welfare and safety of its citizens caused by individuals who
litter.
The following words, terms and phrases shall have the meanings
ascribed to them in this section, except where the context clearly
indicates a different meaning:
Using tobacco products or equipment to produce the effect
of smoking or for the intended purpose of the particular tobacco product
or equipment.
Any product or device that is intended to deliver or facilitate
delivery of tobacco products for use by one or more persons. Such
equipment includes but is not limited to bowls, pipes, chimneys, e-cigarettes,
rolling paper or other assistive devices.
Any product made fully or in part of tobacco or natural or
synthetic material intended to simulate tobacco, the intended use
of which is smoking, chewing or inhaling. Such products include, but
are not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco, smokeless tobacco or any other tobacco product or product
that simulates tobacco.
A.Â
Use of
all tobacco products and equipment is prohibited within 30 feet of
any main entrance or exit, and any operable window, of all City owned
buildings. This shall include sidewalks and walkways, except when
actively passing on the way to another destination.
B.Â
Except in areas designated under § 160-4 herein, the use of all tobacco products and equipment is prohibited in each of the following City-owned parks, libraries, and public places, including but not limited to the description below.
(1)Â
Colburn
Park. The entire park area, including all areas inside the perimeter
fence.
(2)Â
Civic
Park. The entire park, including but not limited to all athletic playing
fields, dugouts, bleachers and benches, viewing areas, playground,
tennis courts, basketball court, bathrooms, pavilion building, and
any other area not expressly named.
(3)Â
Eldridge
Park. The entire park, including but not limited to the athletic playing
fields, bleachers, dugouts, pavilion and bathroom building, parking
area, and any other area not expressly named.
(4)Â
Pat
Walsh Park. The entire park area, including but not limited to all
athletic playing fields, ice skating rinks, warming hut, playground
area, and any other area not expressly named.
(5)Â
Fellows
Hill Park. The playground area, picnic area, and parking area.
(6)Â
Lebanon
Mall. The entire walking mall area.
(7)Â
Logan
Park. The entire park, including but not limited to the athletic playing
fields, bleachers, dugouts, concession building, and any other area
not expressly named.
(8)Â
Storrs
Hill Ski Area. The ski lodge building and deck, and ski slope.
(9)Â
Riverside
Community Park. The entire park, including but not limited to the
pavilion, horseshoe pits, playgrounds, picnic areas, skate park, parking
area, and any other area not expressly named.
(10)Â
Lebanon
Memorial Pool. The entire pool area, including the parking lot, inside
the fencing, and around the playground area.
(11)Â
Kilton
Library. The entire library grounds, including but not limited to
the steps and covered entryways, lawns and gardens, and any other
area not expressly named.
(12)Â
Lebanon
Library. The entire library grounds, including but not limited to
the steps, entryways, lawns, and any other area not expressly named.
C.Â
The use
of all tobacco products and equipment is prohibited during any event
or activity sanctioned and/or permitted by the City at the following
leased parks:
Use of tobacco products shall be permitted in the above-listed
City-owned parks, libraries, and public places only in such designated
areas as determined by the City Manager, as outlined below.
A.Â
Such area
be not less than five feet on any side.
B.Â
Such area
is not located within five feet of any entrance or exit, or walkway
to such entrance or exit, of any building or other area open to the
public where smoking or use of tobacco products is otherwise prohibited.
C.Â
Such area
is posted with one or more conspicuously displayed sign(s) that identify
the area as a designated area for tobacco use.
D.Â
The City
Manager may require, in their sole discretion, that any such area
be modified or removed if it creates a nuisance or public health hazard.
[Amended 2-4-2020 by Ord. No. 2020-01]
A.Â
No person,
firm, association, corporation, or other legal entity selling or otherwise
distributing tobacco products or equipment shall sell or distribute
tobacco products or equipment to a person under the age of 21.
B.Â
No person,
firm, association, corporation or other legal entity selling or otherwise
distributing tobacco products or equipment shall distribute, direct,
authorize or permit any agent or employee to distribute any tobacco
product or equipment, coupons or other related material to any person
at any city park, library or public place.
Signs shall be prominently placed and maintained at all applicable
City parks, libraries, and public places, notifying the public of
the prohibition against the use of tobacco products and equipment.
Such signs shall state: "The use of tobacco products and equipment
in this public area is strictly prohibited. Please use designated
area."
Any person who is found to have violated the provision of this
chapter shall be subject to a civil penalty in the amount of $25 for
the first offense, $50 for the second offense, and $100 for the third
offense and subsequent offenses. Additionally, violators may be removed
from the park or recreational area or facility. In addition to these
penalties, persons under the age of 18 shall be subject to the provisions
of RSA 126-K.