Township of Upper Southampton, PA Chapter 147 Smoking and Tobacco Use

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Southampton 4-20-1993 by Ord. No. 304. Amendments noted where applicable.]

§ 147-1 Purpose.

To protect the public health, safety, morals and general welfare, to assist in the prevention of fires, and to enforce the provisions of Pennsylvania Act 168 of 1988,[1] the Upper Southampton Board of Supervisors, pursuant to the powers granted to the Board of Supervisors by the Second Class Township Code, Act of May 1, 1933,[2] regarding the health, safety and welfare of township citizens, finds that tobacco use shall be prohibited in school buildings, on school buses, and on school property owned by, leased by, or under the control of a school or school district in Upper Southampton Township.

[1] Editor's Note: See 35 P.S. § 1230.1.

[2] Editor's Note: See 53 P.S. § 65101 et seq.

§ 147-2 Definitions.

As used in this chapter, the following words and phrases shall have the meanings given to them in this section:

SCHOOL

A school operated by a joint Board, Board of Directors, or School Board where pupils are enrolled in compliance with Article XIII of the Act of March 10, 1949 (P.L. 30, No. 14), known as the "Public School Code of 1949."[1] The term also includes private schools licensed by the Commonwealth of Pennsylvania and schools owned and operated by the Catholic Diocese of Philadelphia.

SMOKING

Includes possession of a lighted cigarette, cigar, pipe, or other lighted smoking instrument.

TOBACCO USE

Includes smoking and the use of smokeless tobacco in any form.

[1] Editor's Note: See 24 P.S. § 1-101 et seq.

§ 147-3 Prohibited conduct; exceptions.

A. In general, tobacco use by students is prohibited in the areas herein provided at all times.

B. Prohibited area. Smoking by students shall be prohibited in all school buildings, on school buses and on school property owned by, leased by, or under the control of a school or school district within Upper Southampton Township.

C. Exceptions. Schools and school districts may designate smoking areas for employees.

§ 147-4 Violations and penalties.

Any person violating any section of this chapter shall be guilty of a summary offense and shall be subject to the payment of a fine upon conviction before a District Justice in an amount which shall not be less than $50 nor more than $350.