[Adopted 10-11-2005 by Ord. No. 1625]
As used in this article, the following terms
shall have the meanings indicated:
"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.
