Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-28-2009 by Ord. No. 2009-6]

§ 166-1 Closing hours.

Except in a case where special permission has been granted by the Borough Manager or by the Borough Council for a particular playground, park or recreation area, including the Lewistown Community Center property which property abuts the Lewistown Recreation Park, to be open on a particular day for a longer period of hours, the following playgrounds, parks and recreation areas, including the Lewistown Community Center property which property abuts Lewistown Recreation Park, which are owned or operated by the Borough of Lewistown, shall be closed daily during the following hours:
A. 
All neighborhood and ward playgrounds: closed from 10:00 p.m. to 8:00 a.m. daily.
B. 
Lewistown Regional Recreation Park, including the Lewistown Community Center property: closed from 11:00 p.m. to 8:00 a.m. daily.
C. 
Victory Park Recreation Area: closed from 11:00 p.m. to 5:00 a.m. daily.

§ 166-2 Violations and penalties.

It shall be unlawful for any person to remain in or to enter a playground, park or recreation area, including the Lewistown Community Center property, during the hours when that playground, park or recreation area, including the Lewistown Community Center property, is closed. A person convicted of this offense shall be sentenced to pay a fine of not more than $600 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 10 days.
[Adopted 6-11-2012 by Ord. No. 2012-4]

§ 166-3 Municipal playgrounds, parks and recreation areas defined.

Municipal playgrounds, parks and recreation areas, as defined for purposes of this article, shall include all neighborhood and ward playgrounds, the Lewistown Regional Recreation Park, including the Lewistown Community Center Property which abuts Lewistown Regional Recreation Park, and the Victory Park Recreation Area located east ("downstream") of the improved boat launch area.

§ 166-4 Smoking defined.

[Amended 4-13-2015 by Ord. No. 2015-4]
"Smoke" or "smoking" means and includes:
A. 
Possession, carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke from a pipe, cigar or cigarette of any kind or from any other lighted smoking equipment;
B. 
Use of an electronic cigarette, defined as a simulated tobacco product also known as an "e-cigarette," personal vaporizer (PV), or electronic nicotine delivery system (ENDS), being a battery-powered device which simulates tobacco smoking by producing a vapor that resembles smoke. It generally uses a heating element known as an atomizer, which vaporizes a liquid solution commonly containing mixture of propylene glycol, glycerin, nicotine, and flavorings. These devices may release a flavored vapor, with or without nicotine; and
C. 
Use of a simulated tobacco product that imitates or mimics tobacco products, including, but not limited to, electronic cigarettes.

§ 166-5 Prohibition.

An individual may not engage in smoking within the boundaries of any municipal playgrounds, parks and recreation areas as defined above.

§ 166-6 Posting of notice.

The Borough of Lewistown shall prominently post and properly maintain "No Smoking" signs or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette in a circle with a bar across it, where smoking is regulated by this article.

§ 166-7 Violations and penalties.

It shall be unlawful for any person to engage in smoking within the boundaries of a municipal playground, park or recreation area, including the Lewistown Community Center property, as defined above. A person who violates any provision of this article shall be guilty of a summary offense and, upon conviction before a Magisterial District Judge of appropriate jurisdiction, shall be sentenced to pay a fine of not more than $600 and the costs of prosecution and, upon failure to pay such fine and costs, shall be sentenced to imprisonment for not more than 10 days.