Township of Springfield, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Board of Commissioners of the Township of Springfield 7-14-1987 as Ord. No. 1160. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention - See Ch. 45.
Food establishments - See Ch. 52.

§ 116-1 Definitions.

The following words and terms used in this ordinance, unless a different meaning is plainly required by the context, shall have the following meanings:
BUS or PASSENGER RAILCAR
A vehicle designed for carrying more than 10 passengers, exclusive of the driver, and used for the transportation of persons.
ELEVATOR
A car or cage in which persons are raised or lowered vertically between permanent rails or guides.
FOOD ESTABLISHMENT
As set forth in Chapter 52 of this Code.
GENERAL PUBLIC
All persons, including but not limited to employees, business invitees, licensees, guests and public and private school students.
INDOOR PLACES OF PUBLIC ASSEMBLAGE
Any place open to the public, including but not limited to indoor sports arenas, churches, theaters, museums, libraries, schools, transportation waiting rooms, polling places, room in a public building while a meeting open to the general public is being assembled, in progress or in adjournment in such room and enclosed indoor areas where the proprietor posts conspicuous signs such as "no smoking" and "thank you for not smoking."
SMOKING
As commonly understood, including the carrying of a lighted cigarette, pipe or cigar and the use of any match, spark, flame or fire-producing device for the purpose of lighting any cigarette, pipe or cigar.

§ 116-2 Prohibited acts.

No person shall smoke or carry a lighted cigar, pipe or cigarette in a bus, passenger railcar, eating or drinking place, elevator, food establishment or indoor place of public assemblage used by the general public within the Township of Springfield.

§ 116-3 Exceptions.

A. 
The prohibition of § 116-2 shall not apply to any room designated for private social functions such as weddings, parties, testimonial dinners and similar functions in which the seating arrangements are under the control of the sponsor of the function and not of the owner or person in charge of such a place.
B. 
The prohibition of § 116-2 shall not apply to any eating and drinking place which is designed or arranged to accommodate fewer than 50 persons or which is designed or arranged to accommodate more than 50 persons, where designated areas large enough to effectively separate smokers from nonsmokers may be established and in which smoking may be permitted, provided that ventilation in facilities where smoking sections are created is sufficient to prevent smoke pollution from becoming either a health hazard, discomfort or nuisance to nonsmokers.
C. 
The prohibition of 116-2 shall not apply to those areas in any indoor places of public assemblage which are clearly posted "smoking areas." Such posted smoking areas shall be sufficiently separated or ventilated to prevent smoke pollution from becoming either a health hazard, discomfort or nuisance to nonsmokers.

§ 116-4 Notice to be posted.

All persons, firms or corporations who own, lease or operate buses, railcars, eating and drinking places, elevators, food establishments or indoor places of public assemblage used by the general public within the Township of Springfield shall post notices of the prohibition under this section in such locations and number as to advise the general public of such prohibition. Words on such notices which say "no smoking" or "smoking area"  or equivalent phrases shall be at least two inches high. The failure to post notices required by this section shall not be deemed to prevent prosecution of any person for violation of § 116-2 of this Code.

§ 116-5 Enforcement.

The provisions of this ordinance shall be enforced by the Health Officer, Code Enforcement Officer or his duly authorized representative, by any police officer of the Township of Springfield or any affected party. Any bus driver or railcar motorman may eject or detain for proper authorities any passenger violating the prohibition of this ordinance.

§ 116-6 Violations and penalties.

Any person, firm or corporation who shall violate any of the provisions of this ordinance or fails to comply with any of the requirements thereof shall, upon conviction be punishable by a fine of not more than $300.