[HISTORY: Adopted by the Borough Council of the Borough of Pine Grove 1-13-2011 by Ord. No. 406. Amendments noted where applicable.]
[Adopted 1-13-2011 by Ord. No. 406]
This is an "Underage Tobacco Use Ordinance" prescribing regulations for the conduct of minors, for the protection of younger children in the Borough, for the protection of the public from littering, for the protection of minors from the health risks and dangers caused by tobacco products, and for the public good, safety, and welfare.
It shall be unlawful for any minor under the age of 18 years to use or possess tobacco, in any form, within the Borough of Pine Grove, on any Borough owned property, on any public street, highway, traffic way, alley, or sidewalk.
A violation of this chapter shall be a summary offense, and any person who violates this chapter shall, upon conviction, be sentenced to pay a fine of up to $50 along with court costs and expenses. Council may raise or decrease the fine amount upon resolution only so long as said fine is within the permissible amounts for summary violations.
As used in this chapter, the following terms shall have the meanings indicated:
- A street or highway intended to provide access to the rear or side of lots of buildings and not intended for the purpose of through vehicular traffic.
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purpose of vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of a public or private school or public or historical park.
- That portion of a street between curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
- A lighted or unlighted cigarette, cigar, pipe, or other lighted smoking product and smokeless tobacco in any form.
- TRAFFIC WAY
- The entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared as the intent of the Borough Council that this chapter would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included herein.
This chapter shall become effective on the 13th day of January, 2011.