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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 135, SMOKING IN PUBLIC PLACES

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 11-8-1979 by Ord. No. 1497. (This ordinance took effect 4-1-1980.) Amendments noted where applicable.]

GENERAL REFERENCES

Smoking regulations -- See 115-5.

135-1. Title.

This chapter shall be known as the "Clean Indoor Air Ordinance."

135-2. Definitions.

A. The following words when used in this chapter will have these stated meanings:

AMBIENT SMOKE -- The movement of smoke from smoking into a nonsmoking area.

COMMON AREAS -- Those physical portions of a place of public accommodation within which nonsmokers must remain for more than a brief period of time. They shall include but not be limited to reception areas, lavatories, registration areas, entry or exit areas, lobbies, lounges, traffic or similar areas within places of public accommodation.

DESIGNATED SMOKING AREAS -- Those portions of a place of public accommodation or portions of the meeting areas of a public meeting where smoking is permitted.

INDOORS -- A building or other area, including transportation facilities and elevators, enclosed on all sides. Such enclosures may be broken by windows, doors or comparably sized openings to the outdoors.

OPERATOR OF VEHICLE -- The person who, at any given time, runs a motor vehicle.

PERSON IN CHARGE OF A PUBLIC MEETING -- That person who has ultimate responsibility for the actual running of a public meeting. For purposes of this chapter, the test of such ultimate responsibility shall be the power to direct the order of business or, if there is no such power, the seating arrangements for such meeting.

PLACE OF PUBLIC ACCOMMODATION -- All business, charitable, nonprofit or governmental indoor facilities in which members of the general public would be considered business invitees or licensees and which members of the general public customarily enter.

PRIVATE FUNCTION -- A specific social, business or recreational event for which an entire room or hall, or partitioned portion of a room or hall, is being utilized, limited in attendance to specifically invited persons where the designation of persons in attendance is under the control of the sponsor of the function and not of the proprietor of the place of public accommodation.

PROPRIETOR -- The person, including a corporation or other business entity, who controls, governs or directs the operations carried out within a place of public accommodation.

PUBLIC MEETING -- All functions to which members of the general public are invited or permitted to attend, in the nature of lectures, discussions, rallies or open governmental meetings.

RESTAURANT AND TAVERN -- A place of public accommodation which serves, for a fee, prepared food and/or alcoholic beverages for consumption on the premises to members of the public.

SMOKING -- Possession of a cigarette, pipe, cigar or similar thing which is lit and emits smoke.

B. Within this chapter, the singular shall include the plural, and the plural shall include the singular, and the masculine shall include the feminine, and the feminine shall include the masculine.

135-3. Smoking indoors prohibited; smoking and nonsmoking areas.

A. Within Abington Township, smoking indoors shall be prohibited in any place of public accommodation and at any public meeting other than in designated smoking areas, except as otherwise provided herein.

B. The proprietor of a place of public accommodation may designate the entire place as nonsmoking, in which case a sign shall be posted at each entrance to the place stating SMOKING PROHIBITED IN THIS ESTABLISHMENT.

C. Unless otherwise provided herein, the proprietor of a place of public accommodation may designate certain portions, but not all, of the place as smoking areas, in which case a sign shall be posted in each nonsmoking area stating SMOKING PROHIBITED, and a sign shall be posted in each smoking area stating SMOKING PERMITTED. Such signs shall be posted so as to clearly designate the boundary between areas where smoking is permitted and prohibited.

D. Signs required in Subsection C hereof shall be of such size and posted in such location or locations as to be clearly visible throughout the designated area of the place of public accommodation.

E. If a place of public accommodation contains tables at which members of the public sit, in lieu of the signs required in Subsection C hereof, a sign may be placed on each table containing the language required in Subsection C.

F. Smoking shall be prohibited in all common areas of a place of public accommodation unless within a common area there is an area so situated as to permit a separate smoking area from which ambient smoke would not enter the no-smoking portion of the common area. In that case, such separate smoking area may be designated with signs as shall the no-smoking area, as provided in Subsection C hereof. Moreover, if there is a no-smoking lounge, lobby or similar area within a place of public accommodation, a separate lounge or lobby can be designated as a smoking area by posting of signs as provided in Subsection C hereof.

G. Any place of public accommodation which contains both smoking and nonsmoking areas shall have nonsmoking areas of sufficient size to reasonably accommodate patrons who do not desire to be in smoking areas.

H. The proprietor of any place of public accommodation which contains both smoking and nonsmoking areas shall use all practicable and reasonable means, including room partitions, ventilation and separation of nonsmoking from smoking areas, to see that ambient smoke does not penetrate nonsmoking areas.

135-4. Exemptions.

The following are exempt from the provisions of this chapter:

A. Private offices and work areas in places of public accommodation to which the public is permitted only by appointment. The proprietor of such establishment may voluntarily bring himself within the provisions of this chapter by executing an agreement with his employees or by posting signs as provided in 135-3C hereof.

B. Restaurants and/or taverns where at least 60% of the gross income in the prior fiscal year is from the sale of alcoholic beverages.

C. Private functions.

D. Vehicles under a certificate of public convenience of the Public Utility Commission where no more than six members of the public can be accommodated at one time. The operator of such vehicle may voluntarily bring himself within the provisions of this chapter by posting a sign stating NO SMOKING in the vehicle.

E. Performers in a theatrical performance only where smoking is part of the performance.

135-5. Applicability of other laws and regulations.

A. To the extent that any provision of this chapter conflicts with any law, ordinance or regulation of the Commonwealth of Pennsylvania, Montgomery County or the United States, said law, ordinance or regulation shall govern.

B. Notwithstanding any provisions of this chapter, smoking shall not be permitted in any place or portion of a place where it is prohibited by the Fire Marshal or by any law, ordinance or regulation of the United States, the Commonwealth of Pennsylvania, the County of Montgomery or the Township of Abington for reasons of safety or fire and panic.

135-6. Violations and penalties.

Any person who smokes in an area where it is prohibited by this chapter and any proprietor of a place of public accommodation or person in charge of a public meeting who violates this chapter shall be guilty of a summary offense, punishable by a fine of not less than $10 nor more than $300 for each offense committed hereunder or for each day this chapter is determined to be violated.