Township of Mansfield, NJ Chapter 46 Smoking

[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.]

§ 46-1 Findings.

The Township Committee of the Township of Mansfield hereby finds and determines that:

A. 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. 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. 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. 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. The State of New Jersey has acknowledged that careless smoking is the leading cause of death from fire;

F. 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. 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. 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.

§ 46-2 Definitions.

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.

PERSON

Any individual, partnership, cooperative, association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.

PUBLIC BUILDING

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.

SMOKING

The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.

§ 46-3 Smoking prohibited.

A. Except as otherwise provided herein, smoking shall be prohibited in the following places:

(1) 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) 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) Any vehicles owned and/or leased, in part or entirely, by government agencies.

(4) Public areas of libraries, museums or the like which are funded or partially funded by government agencies.

(5) Any polling places during the time at which elections are being conducted.

B. 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.

§ 46-4 Signs.

"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.

§ 46-5 Enforcement.

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.

§ 46-6 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.

B. 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. 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. 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.

§ 46-7 Construal of provisions.

No provision of this chapter shall be construed or interpreted to allow smoking where it is otherwise restricted or prohibited by other laws.