Code of the Township of Abington
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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
Smoking regulations -- See 115-5.
This chapter shall be known as the "Clean Indoor
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
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
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
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
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
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
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.
The following are exempt from the provisions of this
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
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.