Town of St. Johnsbury

802-748-3926

PROPOSED AMENDMENT
TO CHAPTER 8 OF THE CODE OF ORDINANCES
OF THE TOWN OF ST. JOHNSBURY
DEALING WITH PROHIBITION OF TOBACCO USE
ON TOWN OWNED PROPERTY

Chapter 8 of the Code of Ordinances is amended to add Section 8-8 to read as follows:

Sec.8-8. Prohibition of Use of Tobacco on Town Owned Property

(a)    Purpose. The purpose of this section is to protect the public health, safety, and welfare by prohibiting use of tobacco products, including smokeless tobacco, smoking/vaping and second hand smoke/vape on or upon Town owned property where people congregate and assemble for all purposes including, recreation and leisure.

(b)    Definitions.

(1)    "Tobacco products " shall mean smokeless tobacco, chewing tobacco, snuff, as well as cigarettes, electronic cigarettes, vapor cigarettes, cigars, cheroots, stogies, refuse scraps, clippings, cuttings and sweepings of tobacco and all other kinds and forms of tobacco and tobacco substitutes and/or alternatives prepared in a manner suitable for smoking in a pipe and/or vape device or otherwise or for smoking.

(2)    "Tobacco Use" shall mean possession of lighted tobacco products, substitutes and/or alternatives including vaping. “Tobacco Use” shall also mean the use of smokeless tobacco products such as chewing tobacco, snuff or other smokeless tobacco products, where the product is placed in the gum, mouth, nose or otherwise placed in contact with the skin.

(3)       “Town Owned Property” shall mean all property owned in fee simple by the Town of St Johnsbury within the its corporate limits excluding however, all highways, streets and sidewalks.

(c)    Prohibition. Except as otherwise provided herein, Tobacco Use is prohibited on or upon Town Owned Property. This prohibition shall extend an additional twenty-five (25) feet beyond the physical boundaries of Town Owned Property, which together with Town Owned Property are hereby designated as tobacco-free areas.

(d)    Posting. The Town shall post and maintain signs or notices clearly and conspicuously identifying areas where the use of tobacco is prohibited with the words “No Tobacco Use”.

(e)    Enforcement.

(1)    Any person convicted of a violation or violations of this section shall be subject to a civil penalty, the fine for which shall be no less than fifty dollars ($50.00) and no more than two hundred dollars ($200.00), with a waiver penalty of fifty dollars ($50.00), for each such violation.

(2)    All municipal officials duly authorized to issue Vermont Municipal Complaints are authorized to issue complaints for violations of the provisions of this section.