[Ord. No. 204, 8/17/2004]
As used in this Part, the following terms shall have the meanings
indicated:
A cigarette, cigar, pipe tobacco or other smoking tobacco
product or smokeless tobacco, in any form, manufactured for the purpose
of consumption by a purchaser, and any cigarette paper or product
used for smoking tobacco.
Any public street, highway, road, alley, right-of-way, park,
playground, public building or vacant lot owned by the Township of
Amity and including any property leased by or under the control of
the Township of Amity.
[Ord. No. 204, 8/17/2004]
It shall be unlawful for any minor under the age of 18 years
to use or possess a Tobacco Product, in any form, on, in or upon any
Township owned property.
[Ord. No. 204, 8/17/2004]
(a)
First Offense. Any police officer who finds a minor violating the
provisions of this Part shall obtain information from such minor as
to his name, address and age and the name and address of his parent(s)
or guardian. The minor shall then be issued a verbal warning and the
police officer shall attempt to make verbal notification to the parent(s)
or guardian of the minor. A written notice shall also be mailed to
the parent(s) or guardian of the minor advising them of the violation
of this Part.
(b)
Second and Subsequent Offenses. Any minor violating the provisions
of this Part for a second time within a six-month period shall have
committed a summary offense and upon conviction thereof, shall be
sentenced to pay of fine of not more than $300 for the second and
each subsequent violation and, at the discretion of the sentencing
authority, the completion of a tobacco use prevention and cessation
program approved by the Pennsylvania Department of Health.
(c)
A summary offense under this section shall not be a criminal offense
of record, shall not be reportable as a criminal act and shall not
be placed on the criminal record of the minor if any such record exists.
[Ord. No. 204, 8/17/2004]
If any sentence, clause, section or part of this Part is, for
any reason, found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impact any other remaining provisions, sentences, clauses, sections
or parts of this Part. It is hereby declared as the intent of the
Township of Amity that this Part would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof had not been included herein.
