1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, prohibiting use of tobacco in
3recreational areas; and imposing a penalty.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 7518. Use of tobacco in recreational areas prohibited.

9(a) Offense defined.--A person who uses tobacco in a
10recreational area commits a summary offense.

11(b) Nature of offense.--

12(1) A first offense under subsection (a) shall not be a
13criminal offense of record, shall not be reportable as a
14criminal act and shall not be placed on the criminal record
15of the offender.

16(2) A second and subsequent offense under subsection (a)
17shall be a criminal offense of record, shall be reportable as
18a criminal act and shall be placed on the criminal record of

1the offender.

2(c) Posting of notice.--Notice of the prohibition in
3subsection (a) shall be posted conspicuously at each public
4entrance to each recreational area, and no person shall be
5convicted of an offense under subsection (a) if the notice was
6not so posted at the public entrance to the recreational area,
7unless the person had actual notice of the prohibition in
8subsection (a).

9(d) Definitions.--As used in this section, the following
10words and phrases shall have the meanings given to them in this
11subsection:

12"Recreational area."  An outdoor park, playground, play area
13or sports field, including a similar facility located on public
14or private school grounds or on State, municipal or county park
15grounds, which is primarily designed to be used by minors and
16has play or sports equipment installed or is designated or
17landscaped for play or sports activities.

18"Tobacco." A cigarette, cigar, pipe tobacco or other smoking
19tobacco product or smokeless tobacco in any form.

20Section 2. This act shall take effect in 60 days.