Chapter 12.44
SMOKING
Sections:
12.44.010 Definitions.
For the purpose of this Chapter, the following words, terms and phrases shall mean:
(1) “School District” means the Sutherlin School District.
(2) “School District’s Property” means the property owned, leased by or otherwise under the control of the School District located adjacent to East Fourth Avenue within the City of Sutherlin containing the Sutherlin High School, Sutherlin Middle School, the athletic fields and track as well as other buildings and facilities.
(3) “Smoking” means inhaling, exhaling, burning, or carrying a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed, plant, or combustible substance, including medical marijuana. (Ord. 1029 § 1 (part), 2013)
12.44.020 Prohibition.
(1) Smoking shall not be permitted and no person shall smoke on East Fourth Avenue within the city of Sutherlin between Umatilla Street to the west and the edge of the School District’s Property to the east. The prohibition in this subsection precludes smoking on any portion of the public right-of-way including but not limited to the street, sidewalks, curbs, or gutters.
(2) The prohibition in subsection (1) shall not apply unless: (a) the School District has posted conspicuously displayed signs at the boundaries of the area in which smoking is prohibited providing notice of the actions prohibited by this chapter; or (b) a representative of the school or a city employee, including but not limited to a city police officer, has provided oral notification to an individual regarding the actions prohibited by this chapter.
(3) The prohibition in subsection (1) shall not apply to smoking within the real property boundary lines of private property or to smoking within a moving vehicle on a public right-of-way. (Ord. 1029 § 1 (part), 2013)
12.44.030 Enforcement.
Any person who violates section 12.44.020 shall, upon conviction, be punished by a fine of:
(1) Not less than $20, nor more than $50 for the first violation;
(2) Not less than $50, nor more than $100 for the second violation occurring within a period of 12 months from the first violation;
(3) Not less than $100, nor more than $250 each for the third and subsequent violations occurring within a period of 12 months from the first violation. (Ord. 1029 § 1 (part), 2013)
12.44.040 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Ord. 1029 § 1 (part), 2013)