[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-15-2008 by Ord. No. 629]
It shall be unlawful for any minor under the age of 18 years
to use or possess tobacco, in any form, within the Borough of Tamaqua,
or any Borough-owned property, on any public street, highway, traffic
way, alley or sidewalk.
A violation of this article shall be a summary offense, and
any person who violates this section shall, upon conviction, be sentenced
to pay a fine of up to $50.
As used in this article, the following terms shall have the
meanings indicated:
A street or highway intended to provide access to the rear
side of lots of buildings and not intended for the purpose of through
vehicular traffic.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for the purpose of vehicular travel. The term includes a roadway
open to the use of the public for vehicular travel on grounds of a
public or private school or public or historical park.
That portion of the highway improved, designed or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm or shoulder.
That portion of a street between curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use by pedestrians.
A lighted or unlighted cigarette, cigar, pipe, or other lighted
smoking product and smokeless tobacco in any form.
The entire width between property lines or other boundary
lines of every way or place of which any part is open to the public
for purposes of vehicular travel as a matter of right or custom.
This article shall not apply to a minor smoking or using tobacco
in a nonpublic place which constitutes the residence of the minor
and his or her parents or guardian.
