CITY OF BANGOR

(TITLE.) Ordinance, Adopting a New Article IX, Sections 291-70 and 291-71, of the Code of the City of Bangor – Smoking in Motor Vehicles

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT

A new Article IX, Sections 291-70 and 291-71, of the Code of the City of Bangor is hereby adopted as follows:

ARTICLE IX-Smoking in Motor Vehicles

§ 291-70. Smoking in motor vehicles with child passengers prohibited.

A. It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes, or cigars in a motor vehicle, passenger van, pick-up truck or commercial vehicle, when any person under the age of eighteen is present in the vehicle regardless of whether the motor vehicles windows are down.

B. “Smoke” as used in this Article, shall mean inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance.

§ 291-71. Violations and Penalties.

A. Whoever violates any of the provisions of this article shall be punishment by a fine of $50. In any action in which the City prevails it shall be entitled to attorneys’ fees and all costs of prosecution.

B. Subsection A notwithstanding, prior to citing the operator or passenger of a motor vehicle for a violation of this article, the Police Department may give written notice to said person acting in violation of this article at the time of the violation informing the person of the use of the motor vehicle in violation of this article.