Any person who smokes or uses a cigarette, pipe, cigar or other implement, of any type or nature, designed, used or employed for smoking any tobacco or tobacco product; 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 of this state, as defined in West Virginia Code 18-1-1 or on any lot or grounds actually used for instructional purposes of any such school of this State 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, that this prohibition shall not be construed to prevent the use of any tobacco or tobacco product in any faculty lounge or staff lounge or faculty office or other area of such public school not used for instructional purposes; provided, however, that students do not have access thereto; provided, further, that nothing herein contained shall be construed to prevent any county board of education from 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.
(Ord. 9985. Passed 6-2-92.)