[Adopted 5-6-1981 by Ord.
No. 3-1981; amended in its entirety 6-26-2011 by Ord. No. 4-2011]
Township police officers shall strictly enforce the Pennsylvania
Motor Vehicle Code and the Pennsylvania Crimes Code, concerning and relating to the use and enjoyment of the
parks.
Permission will be granted by the designated representative
of the parks. Signage must be removed before 11:00 p.m., or the damage
deposit may be withheld.
There shall be no firearms or archery equipment permitted in
the parks.
No fireworks of any kind are permitted in the parks.
Trees, shrubs and grass shall not be damaged in any way.
Goods, merchandise and services shall not be sold or leased
in the parks without a permit.
Any person violating this article shall be punishable as provided in §
1-3, Civil enforcement, of the Code of the Township of South Strabane.
[Adopted 7-28-2020 by Ord. No. 3-2020]
Article
II of the Code of the Township of South Strabane shall be known as the "South Strabane Township Smokefree Park Ordinance."
The background of this article and the legislative intention
of the Board of Supervisors ("Board") in enacting it are as follows:
A. The Township of South Strabane is a Township of the Second Class.
B. The Commonwealth of Pennsylvania, through the Clean Indoor Air Act
2008 (the "Act"), has provided for the cessation of smoking in certain
indoor public places; however, the Commonwealth has not yet provided
for cessation of smoking in outdoor public places and recreational
areas.
C. The U.S. Surgeon General has concluded, among other things, that
secondhand smoke exposure causes disease and premature death in children
and adults who do not smoke.
D. Numerous studies have found that breathing secondhand smoke is a
cause of disease in healthy nonsmokers, including heart disease, stroke,
respiratory disease, and lung cancer.
E. The use of e-cigarettes, in their various forms, has become a public
health concern and exposes users and those in their proximity to several
chemicals, including nicotine, carbonyl compounds, and volatile organic
compounds known to have adverse health effects.
F. The U.S. Surgeon General has concluded that e-cigarette aerosol is
not harmless and can contain potentially harmful constituents, including
nicotine.
G. The Township deems it necessary to provide for the regulation of
smoking in outdoor public parks within the Township.
For the purposes of this article, the following terms shall
be defined as follows:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
in any manner for the purpose of inhaling smoke, vapor, or aerosol
from the product. The term includes, but is not limited to, any such
device, whether manufactured, distributed, marketed, or sold as an
e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or any other
product name or descriptor.
PARK
Any South Strabane Township-owned land, property, or structure
under its jurisdiction now or hereafter owned or acquired by the Township
utilized and open to the public for recreation, sports, leisure, hiking,
etc., purposes, including, but not limited to, playgrounds and recreational
areas.
PARTIALLY ENCLOSED
An area closed in by a roof or overhang or by permanent or
temporary walls or windows (exclusive of doorways), on at least two
sides, including, but not limited to, courtyards, patios, gazebos,
pavilions, and covered walkways.
PLAYGROUND
Any park or recreational area designated in part by the Township
to be used by children that has play or sports equipment installed
or that has been designated or landscaped for play or sports activities,
or any similar facility located on public or private school grounds
or on Township grounds.
RECREATIONAL AREA
Any Township-owned land, property, or structure open to the
public for recreational purposes, whether or not any fee for admission
is charged, including, but not limited to, athletic fields, fairgrounds,
gardens, golf courses, parks, plazas, skate parks, swimming pools,
and trails.
SMOKELESS TOBACCO
Any product containing, made of, or derived from tobacco
or nicotine that is intended for human consumption, or is likely to
be consumed, whether inhaled, absorbed, chewed, sucked, swallowed,
or ingested by means other than combustion or smoking, as defined
herein, including but not limited to chewing tobacco, snuff, snus,
and dissolvables.
SMOKING
The inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, pipe, hookah, or any other lighted or
heated tobacco or plant product intended for inhalation, including
marijuana, whether natural or synthetic, in any manner or in any form.
Smoking includes the use of electronic smoking devices which creates
an aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking in this article.
The prohibitions set forth herein shall be enforced by the South
Strabane Township Police Department.
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws,
including but not limited to, the Pennsylvania Clean Indoor Air Act
of 2008.