[Adopted 10-11-2005 by Ord. No. 1625]
As used in this article, the following terms shall have the meanings indicated:
SMOKING PRODUCTS
"To smoke" shall mean the burning of, inhaling, exhaling and/or the inhaling and exhaling the smoke and/or vapor from or the possession of a lighted cigar, cigarette, e-cigarette, pipe, battery or electronic smoking device, or other paraphernalia that can be used to consume tobacco, e-liquid, cannabis, marijuana products or a tobacco-like substance. "Tobacco products" encompasses all smokeless tobacco, including, but not limited to: chewing tobacco; loose leaf tobacco; tobacco pellets; plug tobacco; twist or rope tobacco; dipping tobacco; and dissolvable tobacco.
[Amended 2-12-2019 by Ord. No. 2002-2019; 5-11-2021 by Ord. No. 2050-2021]
[Amended 5-11-2021 by Ord. No. 2050-2021]
Any school board having a public school building or public school property located within the Township of Galloway shall make and enforce regulations to prohibit the use of smoking products anywhere in its buildings and on its grounds except as part of classroom instruction. The regulations shall also provide for additional and specific limitations regarding smoking on the school grounds as designated by the Board of Education.
The Superintendent of the school district or his designee or any other person having control of school property or any agent thereof or a police officer or other public servant engaged in the execution or enforcement of this article, and any other citizen, may sign a complaint against any individual for violation of the provisions of this article.
[Amended 5-11-2021 by Ord. No. 2050-2021]
Every public entrance to each school within the Township of Galloway shall be posted by a person who has control of the building with a sign indicating that the use of smoking products is prohibited within the building and further indicating that violators are subject to fine and/or punishment, including but not limited to community service. This sign shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the background of the sign. Similar signs shall be posted at visually accessible sites on the boundaries of the school property.
A. 
Any person who violates this article shall appear before the Township of Galloway Municipal Court and shall be subject to punishment as follows:
(1) 
First offense: up to 15 hours of community service at a place designated by the Galloway Township Municipal Court;
(2) 
Second offense: up to 30 hours of community service at a place designated by the Galloway Township Municipal Court and/or a fine up to $100;
(3) 
Third offense and subsequent offenses: up to 50 hours of community service at a place designated by the Galloway Township Municipal Court and/or a fine up to $250;
B. 
Community service may include participation in a nonsmoking educational or support program approved by the Municipal Court.
C. 
Upon the signing of a complaint as provided herein against a person under the age of 18 years, the Municipal Court shall subpoena the parents and/or guardians of the person charged to appear at the Municipal Court hearing.