[Adopted 8-11-2004 by Ord. No. 15-2004]
As used in this article, the following terms shall have the meanings indicated:
- The act of inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe, weed, plant or other combustible substance in any manner or in any form, including but not limited to tobacco or other similar products.
Any School Board having a public school building or public school property located within the City of Linwood shall make and enforce regulations to prohibit the use of tobacco 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, or any other citizen, may sign a complaint against any individual for violation of the provisions of this article.
Every public entrance to each school within the City of Linwood shall be posted by a person who has control of the building with a sign indicating that the use of tobacco products is prohibited within the building and shall further indicate 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.
Any person who violates this article shall appear before the City of Linwood Municipal Court and shall be subject to punishment as follows:
First offense: up to 15 hours of community service at a place designated by the Linwood Municipal Court;
Second offense: up to 30 hours of community service at a place designated by the Linwood Municipal Court and/or a fine up to $100;
Third offense and subsequent offenses: up to 50 hours of community service at a place designated by the Linwood Municipal Court and/or a fine up to $250.
Community service may include participation in a nonsmoking educational or support program approved by the Municipal Court.
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.