[Adopted 9-29-2015 by Ord. No. 875 (Ch. 16, Part 2, of the 1990 Borough
Code of Ordinances)]
The Borough Council of the Borough of Royersford is specifically
vested with the power to make such regulations as may be necessary
for the health, safety, morals, general welfare and cleanliness and
the beauty, convenience, comfort and safety of the Borough in accordance
with the Borough Code, 8 Pa.C.S.A. § 1202(5). Further, Borough
Council is specifically vested with the power to provide, improve,
maintain and regulate Borough facilities, public parks, parkways and
playgrounds, playfields, and other recreation places (hereinafter
collectively "parks") in accordance with the Borough Code, 8 Pa.C.S.A.
§ 2701. The Borough's parks are intended for the healthy
enjoyment of all residents, including children and youth. Litter and
secondhand smoke associated with smoking and tobacco use in the parks
can pose health risks to the residents of the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful to carry any kind of lighted pipe, cigar,
cigarette, vaping device or e-cigarette or any other lighted smoking
equipment and any other use of tobacco products in any area of the
parks and public grounds and Borough facilities prominently posted
with "No Smoking" or "Tobacco-Free Zone" signs or the international
"No Smoking" symbol, which consists of a pictorial representation
of a burning cigarette in a circle with a bar across it. The carrying
of any kind of lighted pipe, cigar, cigarette or other lighted smoking
equipment and any other use of tobacco products is permitted in areas
prominently posted with a "Smoking Permitted" sign.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
The invalidity of any section or provision of this article shall
not invalidate other sections or provisions thereof.
