[HISTORY: Adopted by the Borough Council of the Borough of
Dover 12-4-2017 by Ord. No. 2017-03. Amendments noted where applicable.]
A.Â
The Borough Council of Dover Borough hereby finds that:
(1)Â
The use of tobacco products is a cause of air pollution, health endangerment,
and public nuisance;
(2)Â
Numerous studies have found that secondhand smoke exposure causes
disease and premature death in children and adults who do not smoke;
(3)Â
There is no risk-free level of exposure to secondhand smoke;
(4)Â
Tobacco use on real property owned, leased, or subject to the possession,
control, or use by Dover Borough is detrimental to the health of nonusers.
B.Â
Accordingly, the Borough Council of Dover Borough finds and declares
that the purposes of this chapter are:
(1)Â
To protect the public health and welfare by prohibiting the use of
tobacco on property owned or leased or subject to the possession,
control, or use by Dover Borough;
(2)Â
To guarantee the right of nonsmokers to breathe smoke-free air, and
to recognize that the need to breathe smoke-free air shall have priority
over the desire to smoke.
The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise:
The Borough of Dover, York County, Pennsylvania.
All real property with improvements thereon erected owned,
leased, or subject to the possession, control, or use by Dover Borough,
including, but not limited to, parks, playgrounds, recreational fields,
and municipal buildings and surrounding lands. Borough property shall
also include all vehicles and equipment owned by the Borough. Borough
property shall not include any sidewalks or public roadways of the
Borough.
Any electronic oral device, such as one composed of a heating
element, battery, and/or electronic circuit, which provides a vapor
of nicotine or any other substance, and the use or inhalation of which
simulates smoking. The term shall include any such device, whether
manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar,
e-pipe, or under any other product name or descriptor.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
The inhaling, exhaling, combustion, and/or lighting of any
cigarette, cigar, pipe, e-cigarette, or any other lighted smoking
equipment. Smoking includes carrying a lighted cigarette, cigar, pipe,
or any other lighted and/or smoldering smoking equipment.
On all Borough property signs reading "No Smoking Anywhere in
Buildings or on Grounds" or other similar language shall be clearly,
sufficiently, and conspicuously posted at every entrance to every
Borough property where smoking is prohibited by this chapter.
The Borough Council of Dover Borough, together with the appropriate
Borough Code Enforcement Officer, shall be responsible to enforce
the provisions of this chapter.
A.Â
Any person smoking on Borough property shall be requested to extinguish
the cigarette, cigar, pipe, or other lighted smoking equipment and
will be informed of the provisions of this chapter.
B.Â
Should any person fail or refuse to extinguish any cigarette, cigar,
pipe, or other lighted smoking equipment after being requested to
do so, or should that person at any subsequent time be observed smoking
on Borough property, that person shall be guilty of a violation of
this chapter and shall be required to pay a civil penalty of $50 for
each subsequent violation. Should the violator fail or refuse to pay
the penalty imposed, the Borough shall enforce the penalty by filing
a civil complaint against the violator in the office of the Magisterial
District Judge.
