[Ord. 1185, 10/15/1987, Section 1]
This Act shall be known and may be cited as the State College
Clean Indoor Air Ordinance.
[Ord. 1185, 10/15/1987, Section 2]
The purpose of this ordinance is to protect the public health,
comfort and environment by prohibiting smoking in restrictive areas
and at public meetings, except in designated smoking areas.
[Ord. 1185, 10/15/1987, Section 3]
The following words and phrases, when used in this ordinance,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
A barrier or counter over which liquors are passed to customers
and the room where such barrier or counter is located.
The State College Board of Health.
The State College Health Department.
All meetings open to the public, pursuant to the Pennsylvania
Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.
Any enclosed, indoor area used by the general public or serving
as a place of work including, but not limited to: restaurants, retail
stores, offices and other commercial establishments, public conveyances,
education facilities, the Municipal Building, nursing homes, auditoriums,
arenas and meeting rooms, but excluding private, enclosed offices.
The burning of tobacco, tobacco substitutes or tobacco-related
products, including the exhalation of smoke derived therefrom and
including carrying a lighted cigar, cigarette, pipe or any other lighted
smoking equipment.
[Ord. 1185, 10/15/1987, Section 4]
a.
General Rule. No person shall smoke in a restrictive area or at a
public meeting, except in designated smoking areas.
b.
Exceptions. This prohibition shall not apply:
(1)
In cases in which an entire room or hall is used for a private
function and seating arrangements are under the control of the sponsor
of the function and not of the proprietor or person in charge of the
place.
(2)
To factories, warehouses and similar places of work not usually
frequented by the general public.
[Ord. 1185, 10/15/1987, Section 5]
a.
General Rule. Smoking areas may be designated by proprietors or other
persons in charge of restrictive areas, except in places in which
smoking is prohibited by the Fire Marshal, the Centre Region Code
Administration Department, or by other law, ordinance or regulation.
b.
Mitigating Actions Required. Where smoking areas are designated,
existing physical barriers and ventilation systems shall be used to
minimize the toxic effect of smoke in adjacent non-smoking areas.
In the case of restrictive areas consisting of a single room, the
provisions of this law shall be considered met if one side of the
room is reserved and posted as a non-smoking area. No restrictive
area other than a bar shall be designated as a smoking area in its
entirety. If a bar is designated as a smoking area in its entirety,
this designation shall be posted conspicuously on all entrances normally
used by the public.
[Ord. 1185, 10/15/1987, Section 6]
The proprietor or other person in charge of a restrictive area
shall make reasonable efforts to prevent smoking in the public place
by:
[Ord. 1185, 10/15/1987, Section 7]
a.
Waiver of Requirements Authorized. The Board may, upon request, waive
the provisions of this ordinance if it determines there are compelling
reasons to do so and such a waiver will not significantly affect the
health and comfort of non-smokers.
[Ord. 1185, 10/15/1987, Section 8]
a.
Penalties. Any person who shall violate any of the provisions of
this Ordinance shall, upon conviction in a summary proceeding before
a District Magistrate, be sentenced to pay a fine of not less than
$10 nor more than $300, plus costs, to be paid to the Borough of State
College. The Department and the State College Bureau of Police Services
shall have the power and responsibility to enforce this ordinance.
b.
Injunction. The Department or any affected party may institute an
action in any court with jurisdiction to enjoin violations of § 9-506
of this Part.
