525.042 USE OF TOBACCO OR TOBACCO PRODUCTS IN PUBLIC SCHOOLS PROHIBITED; PENALTY.
   Every person who smokes a cigarette or cigarettes, pipe, cigar or other implement of any type or nature, designed, used or employed for smoking any tobacco or tobacco products; or who uses any tobacco product, whether chewing tobacco, snuff or otherwise in any building or part thereof used for instructional purposes, in any school within this Municipality as defined in West Virginia Code 18-1-1, or on any lot or grounds actually used for instructional purposes of any such school within this Municipality while such school is used or occupied for school purposes, shall be punished for each offense by a fine of not less than one dollar ($1.00) nor more than five dollars ($5.00). Provided further, that nothing herein contained shall be construed to prevent the County Board of Education for promulgating rules and regulations that further restrict the use of tobacco or tobacco products, in any form, from any other part or section of any public school building under its jurisdiction.