Borough of Lehighton, PA
Carbon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 5-22-2017 by Ord. No. 637-2017.[1] Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 188, Smoking and Tobacco Use, which was comprised of Art. I, Use in Certain Municipal Buildings, adopted 10-20-2003 by Res. No. R-014-2003; and Art. II, Use on Certain Municipal Properties, adopted 9-22-2008 by Ord. No. 558-2008, as amended.

§ 188-1 Smoking prohibited in municipal buildings; exceptions.

Tobacco products are prohibited at all times in all places in the Borough of Lehighton Municipal Building, the Lehighton Recreation Center and the building owned by the Borough of Lehighton which is located at 110 North Third Street in the Borough of Lehighton. Tobacco products are prohibited at all times in all common areas such as hallways, rest rooms, elevators, stairwells, areas where records, supplies or equipment would be exposed to hazard from fire, ashes or smoke, places where combustible fumes can collect, such as garbage or other storage areas, meeting and conference rooms, all areas where tobacco products would create a safety hazard, all offices or work areas and all other areas in all buildings owned, leased or operated by the Borough of Lehighton, except and unless any areas have been designated as tobacco products or smoking areas by the Borough Council of the Borough of Lehighton and have been posted as "Smoking Permitted" and/or "Tobacco Products Permitted."

§ 188-2 Notice.

Notice of this prohibition shall be prominently posted at all public entrances to all such buildings. Said notice shall use the words "No Smoking" or "No Tobacco Products" with letters no less than one inch high or the international no-smoking symbol no less than three inches high.

§ 188-3 Definitions.

As used in this policy, the definitions in Article II below shall apply.

§ 188-4 Violations.

Any employee of the Borough of Lehighton who violates this policy shall be subject to disciplinary action in accordance with the provisions of any Borough of Lehighton personnel policies and procedures and respective labor/management contracts or agreements.

§ 188-5 Copy of article to be posted in municipal buildings.

A copy of this article shall be conspicuously posted in all buildings owned, leased or operated by the Borough of Lehighton.

§ 188-6 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The Borough of Lehighton.
The Borough Council of Lehighton.
The Fire Chief appointed by the Borough Council of Lehighton Borough.
Those properties owned by the Borough located at or known as The Grove; the field at Sixth and Coal Street; Skyline Park located on Third Street; Baer Memorial Park; the Colonel Jacob Weiss Park as defined by the western curbline of First Street, the northern curbline of South Street, the eastern curbline of Constitution Avenue, and the southern curbline of North Street; and the Upper Park as defined by the western curbline of Constitution Avenue, the northern curbline of South Street, the eastern curbline of Third Street, and the southern curbline of North Street.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah.
Notwithstanding any provision of Subsections A and B to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

§ 188-7 Tobacco products prohibited.

No person shall smoke, heat, chew, inhale, snort, sniff, consume or ingest by any means any tobacco product as hereinabove defined on any of the municipal properties listed in § 188-6 above.

§ 188-8 Enforcement.

The Borough Police Department shall enforce the provisions of this article.

§ 188-9 Violations and penalties.

The penalty for violation of this Article I or Article II shall be as follows:
First offense: $25, plus costs.
Second offense within one calendar year: $50, plus costs.
Third and subsequent offenses within one calendar year: $100, plus costs
There shall be no required warning issued to offenders of this article. Citations may be issued with the first offense.