[HISTORY: Adopted by the Borough Council
of the Borough of Brentwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-23-2008 by Ord. No. 1170]
This article shall be known as the "Brentwood
Borough No Smoking Ordinance."
[Amended 5-29-2018 by Ord. No. 1265]
The following words and phrases, whenever used
in this article, shall be construed as defined in this section:
Any real property owned by the Borough of Brentwood, including,
but not limited to, its municipal building, public works building,
library, stadium, athletic fields, swimming pool, and park.
Any product that contains cut, ground, powdered, or leaf
tobacco that is intended to be placed in the oral or nasal cavity,
including, but not limited to, snuff, chewing tobacco, dipping tobacco,
and dissolvable tobacco products.
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, weed, plant, or other combustible substance in any manner
or any form.
All Borough-owned properties (enclosed and outside)
shall be subject to the provisions of this article, including Borough
vehicles.
[Amended 5-29-2018 by Ord. No. 1265]
Smoking and the use of smokeless tobacco shall be prohibited
at all Borough-owned properties. Said prohibition shall extend to
every room, chamber, or place of assembly to the extent that it is
subject to the jurisdiction of the Borough.
Smoking shall occur at a reasonable distance
outside any area where smoking is prohibited to insure that tobacco
smoke does not enter the area through entrances, windows, ventilation
systems or any other means. It shall be a violation for smoke to be
detected in any area where smoking is prohibited.
A.
Enforcement of this article shall be implemented by
Borough Police Department as directed by Council.
B.
Any citizen who desires to register a complaint under
this article may initiate enforcement with the Borough Police Department.
C.
Upon finding that any provision of this article has
been violated, the Police Department shall issue a notice of violation
(NOV) to the person(s) responsible for the violation. The NOV shall
be in writing and shall be served upon the person(s) responsible for
the violation by one or more of the following methods: delivery in
person or first class mail. The NOV shall state:
[Amended 5-29-2018 by Ord. No. 1265]
Any person who violates any provision of this article shall
be subject to a fine of up to $200 for each violation of this article,
which shall be processed through the Brentwood Borough Police Department.
If, after multiple violations by the same person, the Brentwood Borough
Police Department has reason to believe that the fines will not be
effective in enforcing this article, then the Brentwood Borough Police
Department shall be empowered to seek any other remedies provided
by law.
This article shall not be interpreted or construed
to permit smoking where it is otherwise restricted by other applicable
laws.
[Adopted 5-29-2018 by Ord. No. 1265]
The following words and phrases in this article shall have the
meanings set forth below, unless the context of their use clearly
indicates a different meaning:
The Borough of Brentwood, Allegheny County, Pennsylvania.
Any electronic oral device, such as one composed of a heating
element, battery or electronic circuit, which provides a vapor of
nicotine or any other substances 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
or e-pipe or under any other product name or descriptor.
All space between a floor and a ceiling that is bounded on
at least two sides by walls, doorways or windows, either open or closed.
A wall includes any retractable divider, garage door or other physical
barrier, whether temporary or permanent and whether or not containing
openings of any kinds.
Any restaurant, bar, coffee shop, cafeteria, sandwich stand,
diner, fast food establishment, cafeteria, banquet hall, catering
facility, food court, or any other eating or drinking establishment
which gives or offers for sale food or drink to the public, guests,
or employees whether for consumption on or off the premises.
Any natural person, cooperative association, employer, personal
representative, receiver, trustee, assignee, or any other legal entity.
An enclosed area which serves as a workplace, commercial establishment or an area where the public is invited or permitted. This term shall include all areas where smoking is already prohibited under Article 1, § 172-4, of this chapter.
A business establishment whose sales of e-cigarettes and
e-cigarette-related products comprise at least 50% of the gross annual
sales. E-cigarette-related products include atomizers, cartomizers,
clearomizers, vaporizers, batteries, replacement cartridges, coils,
e-liquids, tank systems, flavors, and programmable software.
An establishment whose primary business is the retail and/or
wholesale sale of tobacco, tobacco-related products and accessories
for consumption on or off the premises. For purposes of this definition,
the term "primary" shall mean that 90% or more of the gross sales
on an annual basis, or on such other basis as the Department of Licenses
and Inspections shall by regulation provide with respect to such establishments
that have been open for less than one full year, shall derive from
tobacco, tobacco-related products and accessories. The business may
also include areas for the import, export, storage and distribution
of tobacco, tobacco-related products and accessories; areas for testing
of such products and accessories by employees; and accessory office
space. Such business shall not include the selling or offering of
any food or beverages to customers.
Any enclosed area under the control of a public or private
employer where one or more employees are routinely assigned and normally
frequent during the course of employment, including, but not limited
to, work areas, employee lounges and restrooms, conference rooms,
meeting rooms, classrooms, employee cafeterias and hallways. A private
residence is not a workplace unless it is used as a child care, adult
day care or health care facility.
Except as provided in § 172-11, no person shall use an e-cigarette in any of the following areas:
A.
A public place; or
B.
A workplace; or
C.
Outdoors within 20 feet of any entrance to an enclosed area in which
use of an e-cigarette is prohibited under this section; or
D.
At any sidewalk cafe or any outdoor deck, patio or other outdoor
service area which is part of a food or beverage establishment in
the Borough.
The provisions of § 172-10, hereof, shall not apply to:
A.
Any commercial business that has previously obtained a waiver or
license to allow tobacco smoking under state or local law; or
B.
Any tobacco products distribution business; or
C.
Any specialty e-cigarette establishment that satisfies all of the
following:
(1)
Vapors from the specialty e-cigarette establishment do not migrate
into an enclosed area where e-cigarette use is prohibited under this
article.
(2)
The specialty e-cigarette establishment does not sell or serve food
for consumption on the premises by customers.
(3)
The specialty e-cigarette establishment does not allow individuals
under 18 years of age to enter the premises.
Any employer with a workplace shall promptly adopt, implement,
and maintain a written policy that prohibits use of e-cigarettes within
its workplace. An employer's written policy prohibiting use of
e-cigarettes shall be communicated to all employees within 30 days
after its adoption, and an employer shall provide a copy of the written
policy upon request to any employee or prospective employee.
The owner, operator, manager, employer or other person in control of an area where e-cigarette use is regulated by this article shall take the following actions, and shall not be cited for any violations of §§ 172-10 and 172-12 if all such actions are taken:
A.
Post signs prohibiting e-cigarette use, separately or together with
signs prohibiting smoking, on the premises in compliance with applicable
regulations issued by the Allegheny County Health Department.
B.
Take reasonable measures to see to it that no person uses e-cigarettes
in such place in violation of this article.
A.
No person shall sell, give or furnish, or cause to be sold, given or furnished, an e-cigarette to a person under 18 years of age in any place within the Borough. No person shall permit a person under 18 years of age to enter a specialty e-cigarette establishment that allows e-cigarette use under § 172-11C.
B.
No person shall sell, give or furnish an e-cigarette to a person
without first examining identification to confirm that the recipient
is at least 18 years of age.
C.
No person, motivated by an economic or a business purpose, shall
give or donate an e-cigarette to any person in the Borough.
D.
No provisions of this section shall apply to any product specifically
approved by the United States Food and Drug Administration for use
in the mitigation, treatment, or prevention of disease.
This section shall be enforced by the Borough of Brentwood. Any person who violates any section of Article II, Chapter 172, hereof, commits a summary offense and shall, upon conviction, be subject to pay a fine of $250 for each violation. Violations of any separate section or subsection of this article shall constitute separate offenses. In addition, violations on separate days shall be separate offenses. Nothing in this article shall be construed to create any private right of action for enforcement of its provisions or to authorize any person to file suit to recover damages or seek equitable relief for any violation of this article.
