SECTION 1. SHORT TITLE:
This Ordinance may commonly be referred to as the Conemaugh
Township "Drug, Alcohol and Tobacco Ordinance."
SECTION 2. DEFINITIONS:
For purposes of this Ordinance, the following terms, phrases,
words and their derivations shall have the meanings given
therein. When not consistent with the context, words used
in the present tense include the future, words in the
plural number include the singular number, and words in
the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
1. "Township" is the Township of Conemaugh,
located in Somerset County, Pennsylvania.
2. "Supervisors" are the elected members of
the Board of Supervisors acting on behalf of said Township.
3 . "Person" is any person, firm, partnership,
association,corporation, company or organization of any
kind.
4 . "Public Building, Grounds and Places of Public
Assemblage "are as enumerated and specified.
5 . " Smoking" includes the possession of a
lighted cigarette, cigar, pipe or other lighted smoking
equipment.
6 . "Use of Drugs, Alcohol and Tobacco" includes
use and/or possession of controlled substances, alcohol
and tobacco.
SECTION 3. PUBLIC BUILDINGS, GROUNDS AND PLACES
OF PUBLIC ASSEMBLY
1. Conemaugh Township Municipal Building.
2. Public schools located in the Township, including the
structure and any real property owned by the Conemaugh
Township School District.
3. Public conveyances operating within the Township including,
but not limited to school buses.
SECTION 4. VIOLATION BY PERSONS HAVING CONTROL:
It shall be unlawful for any person, or his agent, having
control or being responsible for, or having authority
as to any public building, grounds or place of public
assemblage, to knowingly permit a violation of this Ordinance.
SECTION 5. PLACARDING REQUIRED:
Every person or his agent, having control of public buildings,
grounds and places of public assemblage as hereinbefore
specified, shall conspicuously display upon the premises
a sign reading "THE USE AND/OR POSSESSION OF DRUGS,
ALCOHOL AND TOBACCO ON THE PREMISES IS PROHIBITED BY LAW".
Such sign shall be at least 144 square inches in area.
SECTION 6. VIOLATION BY OTHERS:
No person shall use and/or possess drugs, alcohol or tobacco
in any public building, grounds or place of public assemblage
(as hereinbefore defined as such), or shall any person
remove any placard required to be erected by or under
the authority of this Ordinance.
SECTION 7. PLACING LIGHTED OBJECTS CLOSE TO COMBUSTIBLE
MATTER:
No person shall throw or place hot or burning substances,
or objects such as cigars, cigarettes, or the contents
of a burning pipe, upon or in close proximity to any public
or private premises, object, or structure, or in any public
street or place.
SECTION 8. PENALTIES:
Any person who shall violate any of the provisions of
this Ordinance hereby adopted or fails to comply therewith,
shall be guilty of a summary offense, and upon conviction
thereof before an approp riate District Magistrate, shall
be sentenced to pay the costs, plus a fine of up to ONE
HUNDRED AND 00/100 ($100.00) DOLLARS for the first offense;
up to ONE HUNDRED FIFTY AND 00/100 ($150.00) DOLLARS for
a second offense; and at least ONE HUNDRED FIFTY AND 00/100
($150.00) DOLLARS but no more than FIVE HUNDRED AND 00/100
($500.00) DOLLARS for a third or subsequent offense. Upon
the failure to pay costs and fines as determined herein,
a person shall be subject to incarceration for a period
of no less than sixty (60) days.
SECTION 9. SEVERABILITY AND REPEAL:
If any section, portion or provision of this Ordinance
is held by a Court of appropriate jurisdiction to be illegal,
unconstitutional or unenforceable, such decision shall
not affect the remainder hereof. It is hereby declared
to be the specific intent of the Township of Conemaugh
that this Ordinance would have been adopted even if such
illegal, unconstitutional and unenforceable provision
had not been included herein. Further, any and all Ordinances
or any parts thereof which conflict with the provisions
of this Ordinance are hereby repealed.
SECTION lO. EFFECTIVE DATE:
This Ordinance shall be effective immediately upon adoption.
ORDAINED AND ENACTED this 14th day of SEPTEMBER , 1995.
BOARD OF SUPERVISORS, CONEMAUGH
TOWNSHIP SOMERSET COUNTY ATTEST
.
(Seal) Larry D. Zimmerman, Chairman
Albert E. Zuccolotto Robert M. Rouser, Secretary-Treasurer,
Vice-Chairman
Albert E. Zuccolotto, Secretary-Treasurer |
