[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]
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:
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]
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.
[Amended 4-13-2015 by Ord. No. 2015-4]
"Smoke" or "smoking" means and includes:
A.Â
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.Â
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.Â
Use of a simulated tobacco product that imitates or mimics tobacco
products, including, but not limited to, electronic cigarettes.
An individual may not engage in smoking within the boundaries
of any municipal playgrounds, parks and recreation areas as defined
above.
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.
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.
