[HISTORY: Adopted by the Township Committee of the Township of Mansfield 7-23-1992
by Ord. No. 1992-14; amended in its entirety 2-25-2004
by Ord. No. 2004-9. Subsequent amendments noted where applicable.]
The Township Committee of the Township of Mansfield hereby finds and
determines that:
A.Â
The smoking of tobacco products is a major contributor
to indoor air pollution and breathing secondhand smoke is a cause of disease
to nonsmokers;
B.Â
The United States Department of Environmental Protection
(EPA) has designated secondhand smoke as a Class A carcinogen as well as a
significant cause of respiratory problems in children;
C.Â
In 1986 the United States Surgeon General found that
the active smoking of tobacco products and the passive inhalation of environmental
tobacco smoke are the most prevalent causes of preventable death, disease
and disability;
D.Â
The United States Surgeon General found that separating
smokers from nonsmokers within the same air space does not eliminate the exposure
of nonsmokers to environmental tobacco smoke;
E.Â
The State of New Jersey has acknowledged that careless
smoking is the leading cause of death from fire;
F.Â
The State of New Jersey has entered into litigation against
various tobacco product manufacturers and others for the purpose of improving
the public's health and adopting policies and programs to achieve a significant
reduction in smoking by its citizens and, in particular, by youth;
G.Â
As part of a settlement, the State of New Jersey will
receive significant funding for the advancement of public health, including
the implementation of important tobacco-related public health measures and
restrictions; and
H.Â
The Legislature has deemed the control of smoking to
be a necessary and proper exercise of municipal authority pursuant to N.J.S.A.
40:48-1 et seq., N.J.S.A. 40:48-2 et seq., N.J.S.A. 26:3D-46 et seq. and N.J.S.A.
2C:33-13 for the preservation of public heath, safety and welfare of the community.
As used in this chapter only, the following words and terms shall be
defined as set forth below. All other terms, words and phrases not defined
herein shall be given their customary meaning.
Any individual, partnership, cooperative, association, private corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
Any building, structure, facility or complex, including appurtenant
parking areas, parks, playgrounds and recreation areas, to which the general
public is invited, which is constructed and/or operated or leased by any state,
county, municipal government, board of education, school district offices
or work areas.
The inhaling, exhaling, burning or carrying of any lighted cigar,
cigarette, pipe or other combustible tobacco product in any manner or in any
form.
A.Â
Except as otherwise provided herein, smoking shall be
prohibited in the following places:
(1)Â
Every room, chamber, lobby, hallway and other common
areas in any place of meeting or public assembly, including school buildings,
which are under the control of any board, council, commission, committee,
including joint committees, or agencies of the Township of Mansfield.
(2)Â
Any entrance or exit areas of any public buildings where
smoke may enter the air people breathe through such entrances, exits, windows
or ventilation systems.
(3)Â
Any vehicles owned and/or leased, in part or entirely,
by government agencies.
(4)Â
Public areas of libraries, museums or the like which
are funded or partially funded by government agencies.
(5)Â
Any polling places during the time at which elections
are being conducted.
B.Â
Smoking optional areas. Notwithstanding the prohibitions
contained in the foregoing provisions, outdoor smoking areas may be designated
upon application and approval by the Township Committee. Smoking areas, once
approved, shall bear signs specifically designating that they are smoking
areas. Smoking areas shall be clear of any public entrance or exit areas of
any public buildings where smoke may enter the air people breath through such
entrances, exits, windows or ventilation systems. Except as approved by the
Township Committee, no smoking shall be permitted in any other areas of any
public buildings or any areas immediately outside or adjacent to any public
building.
"Smoking" or "No Smoking" signs, as appropriate, or the international
"No Smoking" symbol (a picture of a burning cigarette inside a red circle
with a red bar across it) shall be clearly and conspicuously posted by the
owner, operator, manager, employer or such other person in control of every
public building where smoking is controlled by this chapter. The color of
such signs, when not of the international type, shall have letters that are
distinct, contrasting to the background and easily read. Letters shall have
a minimum height of three-fourths of an inch and should be posted in English
and such other languages as the Township Committee approves. The "No Smoking"
signs shall be posted, at a minimum, on every doorway which provides an entry
to the building. The "Smoking" signs shall be posted only in those areas so
designated by the Township Committee as provided by this chapter.
The provisions of this chapter shall be enforceable by a police officer,
employee or elected official of the Township of Mansfield, as well as by any
citizen, school administrator, teacher or other school employee where violation
of this chapter occurs on properties under the jurisdiction of the Board of
Education of the Township of Mansfield. Any person seeking to enforce the
provision of this chapter shall be authorized to file a complaint in the Municipal
Court of the Township of Mansfield.
A.Â
It shall be unlawful for any person to smoke in any area
where smoking is prohibited under this chapter.
B.Â
Any person who smokes in an area in which smoking is
prohibited shall be guilty of a disorderly persons offense and subject to
a maximum fine of $200 for each violation pursuant to N.J.S.A. 2C:33-13.
C.Â
Any person found guilty of defacing, tampering with or
removing "No Smoking" signs which are required by this chapter shall be guilty
of a disorderly persons offense and subject to a maximum fine of $200, plus
the cost of replacing the sign.
D.Â
Any juvenile adjudicated to have violated the provisions
of this chapter shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this chapter.
No provision of this chapter shall be construed or interpreted to allow
smoking where it is otherwise restricted or prohibited by other laws.