[Ord. 606, 10/6/1997, § 1]
It is the policy to respect the preference of both the nonsmoker
and the smoker in the Borough buildings and facilities. When those
preferences conflict, management and Borough employees shall endeavor
to find a reasonable accommodation. When such accommodation is not
possible, the preference of the nonsmoker shall prevail.
[Ord. 606, 10/6/1997, § 2; as amended by Ord. 613,
3/2/1998; and by Ord. 722, 4/3/2006]
Smoking is prohibited in accordance with Act 168 of 1988 of
the Pennsylvania General Assembly, a copy of which is attached as
Exhibit "A."[1] Smoking is not permitted in the following locations:
A.
Smoking is not permitted in areas containing personal computers (hard
drive) or where records and supplies would be exposed to hazard from
fire, ashes or smoke, including, but not limited to, vaults.
B.
Smoking is not permitted where combustible fumes can collect, such
as in garage and storage areas, areas where chemicals are used and
all other designated areas where an occupational safety or health
hazard might exist.
C.
Smoking is not permitted where Borough premises are frequently visited
by customers, such as public offices and open customer service areas
and areas of common use frequented by residents to pay bills and taxes.
D.
Smoking is not permitted in Borough offices, conference rooms and
meeting rooms and Council chambers.
E.
Smoking is not permitted at the Fountain Hill pool in any enclosed
area, snack bar and pavilion.
F.
Smoking is not permitted at the Fountain Hill playground in any enclosed
area, including the snack bar.
G.
Smoking is not permitted in the Fire Company located at 950 Cherokee
Street.
H.
Smoking is not permitted at the Public Works garage located at 848
North Clewell Street, in areas that chemicals are stored and in lunch
rooms. The Borough may designate other locations where smoking is
not permitted.
I.
Smoking is not permitted in the Police Department office area and
lobby and other offices, except as noted in § 503.
[1]
Editor's Note: Exhibit "A" is on file at the Borough office.
[1]
Editor's Note: Former § 503, Permitted Smoking Areas,
adopted by Ord. 606, 10/6/1997, § 3; as amended by Ord.
722, 4/3/2006, was repealed by Ord. No. 863, 6/6/2022.
[Ord. 606, 10/6/1997, § 4]
As an enhancement to the smoking policy, all employees shall
be offered information about the dangers of smoking through payroll
attachments. Employees shall be notified no less than 30 days in advance
of the implementation of the smoking policy. A copy of the smoking
policy shall be distributed to every full-time and part-time employee
no less than 30 days in advance of the implementation of the policy.
[Ord. 606, 10/6/1997, § 5; as amended by Ord. 613,
3/2/1998]
1.
Enforcement of the policy shall be the responsibility of all supervisors
and department heads.
2.
Employees violating any of the provisions of this Part shall be subject
to the following procedure in addition to the penalty section of this
Part:
A.
An offended party, other supervisor or department head shall notify
the employee's supervisor.
B.
First Offense. The immediate supervisor shall give a verbal warning
to the employee.
C.
Second Offense. The immediate supervisor shall notify the employee's
department head, who shall give written warning to the employee.
D.
Third Offense. The department head shall suspend the employee for
one day without pay.
E.
Subsequent Offenses. The department head shall determine any further
disciplinary procedure, which may include dismissal. Such action must
be approved by the appropriate committee.
3.
Visitors, customers, consultants and the like will be asked to observe
designated "no smoking" areas in Borough properties. Any person refusing
to do so after one warning is deemed to have lost his/her authority
to be on Borough's property and shall be in defiant trespass.
4.
This disciplinary procedure shall not be applicable to police officers
covered by the existing or any future collective bargaining agreement
for Fountain Hill Police Officers. Any discipline of police officers
for violating this policy shall be in strict accord with the procedures
set forth in that agreement.
[Ord. 606, 10/6/1997, § 6]
Department heads shall be responsible for posting of designated
"no smoking" areas in their departments in accordance with the provisions
of this Part. Signs shall be clearly, sufficiently and conspicuously
posted in every room, building and other places covered by this Part.
[Ord. 606, 10/6/1997, § 9]
Any person violating any of the provisions of this Part shall
be fined not more than $300 and/or be imprisoned for not more than
90 days.
[Added by Ord. No. 863, 6/6/2022]
The following words, terms, and phrases, when used in this Part
5, shall be defined as follows, unless the context clearly indicates
otherwise:
Includes the use of a tobacco product as defined in this
section.
Includes all of the following:
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, snuffed, dipped or
ingested by any means, including, but not limited to, cigarettes,
cigars, chewing tobacco, pipe tobacco and snuff, or dipping tobacco;
Any electronic device that delivers nicotine or other substances
to the person inhaling from the device, including but not limited
to electronic cigarettes (e-cigarettes), vape pens, JUUL devices,
pipes, hookah pipes or devices and any other similar electronic tobacco
devices which ignite tobacco and/or emit smoke, aerosol, or vapor;
Notwithstanding any provision of Subsections 1 and 2 of this definition above to the contrary, "tobacco product" further includes any component, part or accessory of a tobacco product whether or not sold separately. "Tobacco products" 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 made and sold for such use; and
