BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2020-02  AN ORDINANCE OF THE BOROUGH OF CLARKS SUMMIT, LACKAWANNA COUNTY, PENNSYLVANIA, PROHIBITING THE USE OF TOBACCO PRODUCTS IN THE: BOROUGH OF CLARKS SUMMIT'S PARKS AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF  WHEREAS, the Borough of Clarks Summit (the "Borough") is a duly organized and existing municipality and political subdivision within the County ofLackawanna, Commonwealth of Pennsylvania with offices located at 304 South State Street, Clarks Summit, Pennsylvania  18411;  WHEREAS, the Borough is subject to the Pennsylvania Borough Code as found in  8  Pa. C.S.A. $101 et seq.;  WHEREAS, and pursuant to said Borough Code, the Borough has the authority to make regulations as may be necessary for the health, safety and general welfare of the Borough. See 8  Pa. C.S.A. $1202(5);  WHEREAS, and pursuant to said Borough Code, the Borough has the authority prohibit WHEREAS, and pursuant to said Borough Code, thel Borough has the authority toj provide, improve, maintain and regulate recreational places within the Borough "recreational places",  and/or regulate smoking. See 8 Pa C.S.A. $ 1202(16);  including public parks, playgrounds and playfields. See 8 Pa C.S.A. 8 2701(a);  WHEREAS, the Borough Parks, as defined infra, are intended for the healthy enjoyment WHEREAS, the annoyance to others, thel litter and the second-hand smoke associated with smoking and tobacco use in the Borough Parks, as defined infra, can pose health risks to the residents of the Borough, and especially to children and youth, as determined by the United States  ofall residents, especially the children and youth ofthel Borough;  Surgeon General; and  WHEREAS, the Borough's Council desires to discourage tobacco use and promote clean  public health by designating Borough Parks, as defined infra, as "Tobacco Free Zones".  1    THEREFORE, BEI IT ORDAINED ANDI ENACTED, ANDI ITI IS HEREBY ORDAINED AND ENACTED, by the Council of the Borough of Clarks Summit, County of Lackawanna and  Commonwealth of] Pennsylvania, as follows:  SECTION1.  Prohibition Against the Use ofTobacco Products in Borough Parks.  A. Borough Parks, as defined infra, are hereby designated "Tobacco Free Zones" B. Appropriate signage will be posted at all subject sites delineating Borough Parks C. The Borough's Council hereby authorizes the police officers of the Clarks  and the use ofany tobacco product in any form is, shall be, prohibited.  as "Tobacco Free Zone".  Summit Borough Police Department to take whatever steps are necessary for full participation in, and compliance with, this Ordinance and/or any such other programs of the Commonwealth of Pennsylvania pertaining to the prohibition against the use of tobacco products as set forth in this  Ordinance.  D. Any person who violates any provision ofthis Ordinance shall be forced to leave  the Borough Park and may also be fined up to Fifty Dollars ($50.00) per violation.  SECTION2. Definitions  The following words, terms, and phrases, when used int this Ordinance, shall be defined as follows,  unless the context clearly indicates otherwise.  A. "Borough." Means the municipal corporate entity known as the Borough of  Clarks Summit, Lackawanna County, Pennsylvania and/or where applicable, the geographical confines and land owned by the Borough of Clarks Summit situated in Lackawanna County, Pennsylvania and its duly elected or appointed public officials, designated representatives, agents,  servants or employees.  B. "Borough Parks." Means the lands owned, controlled and/or maintained by the  Borough which have been designated for ornamental, leisure and recreational use and are situated  at the following locations within the Borough:  . Along the 100 Block of Carol Drive (commonly known as "Carol Drive Park");  2    ii. Along the 300 Block of Carnation Drive (commonly known as "Mayor Tony iii. Along the 100 Block of Hemlock Drive (commonly known as "Mayor Donald iv. Along the 10 Block of Front Street (commonly known as "Robert A. Preate V. Along the 300 Block of Thurston Street (commonly known as "Veteran's vi. Along the 100 Block ofl Depot Street (commonly know as "Depot Street Pocket B. "Person." Means a natural person, agent, firm, operator, corporation,  Perry Memorial Park")  L.1 Eilenberger Memorial Park")  Memorial Park")  Memorial Park"); and  Park"  partnership, organization, association, institution or other legal entity.  C.  Police Officer.' " Means any member oft the Clarks Summit Police Department,  including all full-time and part-time police officers.  D. "Tobacco Product." Includes all oft the following:  i. Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, sniffed, snuffed, dipped ori ingested by any means including, but not limited to, cigarettes, cigars, chewing tobacco, pipe tobacco and snuff, ii. 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, pipes or devices and any other similar electronic tobacco devices which ignite tobacco and/or emit smoke, aerosol or vapor;  or dipping tobacco; and  iii. Notwithstanding any provision of Section 2(D)(i) and 2(D)(i) above, to the contrary, "tobacco product" further includes any component, part or accessory ofa tobacco product whether or not sold separately. "Tobacco Products" does not include any product that has been approved by the United States Food & Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marked and sold for such use; and  3    iv. Thel list identified in Section 2(D)(i) and 2(D)(ii) above are subject to adjustment  toc conform to terms used in federal, state or local laws.  SECTION3. Penalties and Enforcement  A. Any person who violates any provision of this Ordinance shall be forced to leave B. The provisions of the Ordinance shall be enforced (in the same manner as a summary offense within the Commonwealth of Pennsylvania) by Clarks Summit Borough Police  the Borough Park and is also subject to a fine upi tol Fifty Dollars ($50.00) per violation.  Department and its police officers.  C. Any violation of the provisions of this Ordinance may be cause for a citation, a violation ticket, and/or ai notice of violation to be issued to any person violating the provisions of  this Ordinance.  SECTION4. Severability  Ifany provision, paragraph, word, section, or subsection of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or  subsections shall not be affected and shall remain in full force and effect.  SECTION5. Reservation of Right to Amend  Thel Borough of Clarks Summit reserves the right to amend this Ordinance, or any portion thereof, from time to time as the Clarks Summit Borough Council shall deem advisable int thel best interests of the promotion of the purposes and intent of this Ordinance and the effective administration  thereof.  SECTION6. Effect Upon Other Ordinances  All relevant ordinances, regulations, and policies ofthel Borough of Clarks Summit, Pennsylvania not specifically amended or affected by the provisions oft this Ordinance shall remain in full force and effect. Any Ordinance or part of any Ordinance conflicting with the provisions of this Ordinance shall be, and the same is, hereby repealed to the extent ofs such conflict.  4    SECTION7. Effective Date prescribed by law.  This Ordinance shall be effective immediately upon passage and approved in the manner  ORDAINED AND ENACTED into Ordinance this 6th day ofl May, 2020. Borough Council of the Borough of Clarks Summit  Gclg  GERMAINE CAREY Council President  APPROVED:  Approved this 6th day of May, 2020 A Mayor; Borough of Clarks Summit  Borough Council this 6th day of] May, 2020  *  CLARK  CLASS  5