Smoking, which shall mean the burning of, inhaling from, exhaling
the smoke from, or the possession of a lighted cigar, cigarette, pipe
or any other matter or substance which contains tobacco or any other
matter than can be smoked, or the inhaling or exhaling of smoke or
vapor from an electronic smoking device, is prohibited inside or on
any municipally owned public property in the Borough of Collingswood.
As used in this chapter, the following terms shall have the
meanings indicated:
MUNICIPALLY OWNED PUBLIC PROPERTY
Includes municipal buildings that include all structures
owned, leased, rented and/or operated by the Borough, and/or occupied
by Borough employees and used for official business of the Borough,
public open space, parks and recreational facilities that include
all areas adjacent to such municipal buildings, including, but not
limited to, any parking area, driveway or drive aisle and any and
all public parks, playgrounds, ball fields, publicly owned or leased
by the Borough and all property owned or leased by the Borough upon
which the public is invited or upon which the public is permitted
and where individuals gather for enjoyment and recreational activities.
Smoking shall be prohibited in all municipal buildings as defined
herein. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each municipal
building entrance and within each closed area where smoking is prohibited
by this chapter. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
Smoking shall be prohibited within a thirty-five-foot radius
of the front entrance of all municipal buildings. No-smoking signs
or the international no-smoking symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with
a diagonal red line through its cross section) shall be clearly, sufficiently
and conspicuously posted both on the building and at the thirty-five-foot
perimeter of the front entrance of all municipal buildings where smoking
is prohibited by this chapter. The signs shall be clearly visible
to the public and shall contain letters or a symbol which contrast
in color with the sign, indicating that smoking is prohibited therein.
The sign shall also indicate that violators are subject to a fine.
Smoking shall be prohibited in all municipally owned public
spaces, parks and recreation facilities and all property owned or
leased by the Borough upon which the public is invited or upon which
the public is permitted and where individuals gather for recreational
activities, including all areas adjacent to municipal buildings, including,
but not limited to, any parking area, driveway or drive aisle, which
have been designated with no-smoking signs. No-smoking signs or the
international no-smoking symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a diagonal red
line through its cross section) shall be clearly, sufficiently and
conspicuously posted in all areas regulated by this chapter. The signs
shall be clearly visible to the public and shall contain letters or
a symbol which contrasts in color with the sign, indicating that smoking
is prohibited at the designated area. The sign shall also indicate
that violators are subject to a fine.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any municipal employee found in violation of this chapter may also
be subject to discipline in accordance with the Borough's employment
policies and procedures.
If any section of provision of this chapter shall be determined
to be non-enforceable by a court of competent jurisdiction, the same
shall not affect the other sections or provisions of this chapter
except so far as the section or provision so declared invalid shall
be inseparable from the remainder or any portion thereof.