Town of West Warwick Code of Ordinances
Ordinance No. 97-09
Chapter
AN ORDINANCE PROHIBITING SMOKING IN PUBLIC BUILDINGS, ON PUBLIC PROPERTIES AND IN VEHICLES OWNED BY THE TOWN OF WEST WARWICK
It is the intention of the Town Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances, Town of West Warwick, Rhode Island, and the sections of this may be renumbered to accomplish such intention:
Section 1. LEGISLATIVE INTENT
The use of tobacco for smoking purposes is being found to be increasingly dangerous, not only to the person smoking, but also to the non-smoking person who is required to breathe such contaminated air. The most pervasive intrusion of the non-smoker's right to unpolluted air space is the uncontrolled smoking in public places. In acknowledging the importance of a healthy and safe environment for work and recreation and in recognizing the hazards associated with smoking and environmental tobacco smoke, the Town of West Warwick intends, by the enactment of this Chapter, to protect the health and atmospheric environment of the non-smoker by regulating smoking in and on all town properties and in all vehicles owned by the Town.
Section 2. GOVERNING STATE LAW
Recognizing the dangers associated by smoking, the State Legislature has enacted statutes governing various aspects of this issue. The Town of West Warwick, in addition to the establishment of ordinances as hereinafter set forth, incorporates those general laws as may be applicable, including but not limited to the following:
SMOKING IN SCHOOLS.
Pursuant to R.I.G.L. 23-20.9-5 tobacco product usage is prohibited by any person utilizing school facilities. The term school facilities includes but is not limited to all school buildings and all facilities used by the school, whether owned, leased or rented including school fields and parking lots.
PENALTIES
Pursuant to R.I.G.L. 23-20.6-2(c), any person in violation of this statute shall be deemed to be contributing to the maintenance of a public nuisance in a public place and shall be subject to a fine of not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars.
USE OF TOBACCO BY MINORS
(a) Pursuant to R.I.G.L. 11-9-13 and 11-9-14, No person shall sell or deliver tobacco products to a person under 18 years of age and any violators thereof shall be fined in accordance with 11-9-13.
(b) Pursuant to R.I.G.L. 11-9-14, no person under sixteen (16) years of age shall smoke or chew tobacco in any public street or place. Any person found in violation hereof shall be fined in accordance with 11-9-14.
Section 3. DEFINITIONS
As used in this Chapter the term "smoking" means and includes the inhaling, exhaling, burning or carrying of any lighted smoking equipment or paraphernalia for tobacco or any other weed or plant. For the purposes of this ordinance, the term public buildings and other areas, does not include public sidewalks and streets, unless located next to or adjacent to a gas station nor shall it include any properties leased by the Town as Lessor.
Section 4. SMOKING PROHIBITED /PUBLIC PROPERTIES
4.1 (a) Smoking in any form is a public nuisance and dangerous to public health and shall not be permitted in any public buildings, public parks or any other indoor or outdoor recreational areas or facilities owned by the Town of West Warwick or leased by the Town as Lessee and in all motor vehicles owned, rented, leased or used by the Town of West Warwick or any of its departments, boards, commissions, semi-autonomous bodies, or their agencies of the Town. This would exclude public sidewalks, streets and leased properties in which the Town is the Lessor.
(b) The Town shall designate a "smoking area" outside town owned buildings and facilities, in which areas smoking by non-minors shall be allowed.
(c) Smoking shall be prohibited on public streets or sidewalks or other areas located next to or adjacent to a gas station.
4.2 (a) The proprietor or other person in charge of a municipal areas listed above shall make reasonable efforts to prevent smoking in those areas in which smoking is not allowed and shall post "No Smoking and Warning" signs conspicuously in these areas.
(b) The proprietor or other person in charge of a municipal area listed above shall post signs in those areas in which smoking is allowed, as set forth in 4.1(c) above.
Section 5. SMOKING /POSSESSION BY MINORS PROHIBITED
5.1 No person under eighteen (18) years of age shall possess, smoke or chew tobacco in any public street or place within the Town of West Warwick.
Section 6. PENALTIES
Any person who violates the provisions of Sections 4 and 5 of this ordinance shall be fined a sum of $5.00 and be required to perform 5 hours of community service for a first offense and shall be charged a fine of $20.00 and be required to perform 20 hours of community service for a second offense. A third or any subsequent violation(s) shall result in the issuance of a ticket to the offending party, requiring a hearing before the Municipal Court for the Town of West Warwick, or if under the age of eighteen (18), referral to the Juvenile Hearing Board of the Town of West Warwick.
Section 7. SEVERABILITY
If any provision of this ordinance or the application thereof is held invalid or unconstitutional in a court test by any court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
Section 8. EFFECTIVE DATE
This ordinance shall take effect upon passage and publication as prescribed by law.
PASSED AND APPROVED THIS 5TH DAY OF AUGUST, 1997.
Notice: This retype of the West Warwick ordinance is provided for information purposes only, and is not intended to be used as the basis for any legal action--contact the Town for a formal copy of the law.