Smoking In The Park

ORDINANCE NO. G12-06

AN ORDINANCE REGULATING SMOKING WITHIN THE CITY OF EASTBOROUGH, KANSAS.

SECTION 1.

No person shall smoke within one hundred feet (100′) of the playground area in the South Eastborough Park located south of Willowbrook Road.

SECTION 2.

The playground area is defined as the play area bordered by a concrete wall.

SECTION 3.

“Smoking” means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco.

SECTION 4.

This Ordinance is supplemental to the Kansas State Statute, K.S.A. 21-6110, regulating smoking.

SECTION 5.

The City of Eastborough shall cause to be posted in a conspicuous place signs displaying the international no smoking symbol and stating that smoking is prohibited by Ordinance.

SECTION 6.

Any person who violates any provision of this Ordinance shall be punishable by a fine:

a) Not exceeding $100 for the first violation;
b) Not exceeding $200 for the second violation within a one year period after the first violation; or
c) Not exceeding $500 for the third or subsequent violation within a one year period after the first violation.
For purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.

SECTION 7.

This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

Passed and adopted this 24th day of April, 2012.

Thomas F. Rosenberg, Mayor

Attest:
Barbara Kratzer
Assistant City Clerk