[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 6-21-1994 by Ord. No. 2430 (Ch. 203 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Drug-free workplace — See Ch. 127, Art. VII.
Air pollution — See Ch. 200.
Cigarette vending machines — See Ch. 265.
Tobacco use by minors — See Ch. 652, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
MUNICIPAL BUILDING
A building or portion of a building owned or leased by the Township of Nutley.
PARKS AND RECREATION FACILITIES
Shall include, but not be limited to, all public parks, playgrounds, ball fields, publicly owned or leased by the Township of Nutley, and all property owned or leased by the Township of Nutley upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities including all areas adjacent to such facilities, including but not limited to any parking area driveway or drive aisle.
[Added 8-6-2013 by Ord. No. 3244]
PEDESTRIAN WALKWAY ONE
Strip of land measuring approximately 25 feet in width and 105.29 feet in depth beginning at Franklin Avenue and continuing in easterly direction to Municipal Parking Lot No. 1 (Block 6201, Lot 2).
[Added 8-6-2013 by Ord. No. 3244]
PEDESTRIAN WALKWAY TWO
Strip of land measuring approximately 15 feet in width and 156 feet in depth beginning at Franklin Avenue and continuing in westerly direction to Municipal Parking Lot No. 2 (Block 5902, Lot 18, f/k/a Block 172, Lot 5).
[Added 8-6-2013 by Ord. No. 3244]
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Amended 8-6-2013 by Ord. No. 3244]
A. 
Smoking is prohibited in all municipal buildings and Township facilities.
B. 
Smoking shall be prohibited in all public parks and recreational facilities owned or leased by the Township of Nutley and all property owned or leased by the Township of Nutley upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area driveway and drive aisle which have been designated with no-smoking signs.
[Amended 11-7-2001 by Ord. No. 2706; 8-6-2013 by Ord. No. 3244]
C. 
All persons attending any indoor sport event must comply with all provisions of this chapter.
D. 
Smoking is prohibited in Pedestrian Walkway One and Pedestrian Walkway Two.
[Added 8-6-2013 by Ord. No. 3244]
E. 
Smoking shall be prohibited in any vehicle registered to the Township of Nutley.
[Added 8-6-2013 by Ord. No. 3244]
A. 
Every public entrance to municipal buildings shall be posted with a sign indicating that smoking is prohibited everywhere in the building.
B. 
No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter.
[Amended 8-6-2013 by Ord. No. 3244]
C. 
The sign may indicate that the violators are subject to a fine.
D. 
All signs shall be clearly visible to the public and the employees and shall contain letters or a symbol which contrasts in color indicating that smoking is prohibited at the designated area.
[Amended 8-6-2013 by Ord. No. 3244]
E. 
Employee smoking areas may be designated in conformance with the Smoke Free Air Act of New Jersey (P.L. 2005, c. 383.1[1]).
[Added 8-6-2013 by Ord. No. 3244]
[1]
Editor's Note: See N.J.S.A. 26:3D-55 et seq.
A. 
Any municipal official and/or employee found to have violated this chapter may be subject to disciplinary action pursuant to the appropriate state statute(s), civil service regulation(s), municipal code or other relevant regulatory guidelines.
B. 
Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense and may, at the discretion of the Nutley Municipal Court, be ordered to perform community service in such manner and for such duration as the court may deem appropriate.
[Amended 8-6-2013 by Ord. No. 3244]
C. 
The penalty recovered under the provisions of this chapter shall be recovered by and in the name of the Nutley Health Department.
A. 
The Nutley Police Department, Fire Department, Building/Code Enforcement, Recreation Department, Public Works and Health Department of the Township of Nutley shall be responsible for executing or enforcing this chapter against any municipal official, employee or any member of the public in violation hereof and in accordance with New Jersey statute (N.J.S.A. 26:3D-57 et seq., Smoking Prohibited in Public Places and Workplaces).
[Amended 8-6-2013 by Ord. No. 3244]
B. 
The supervisor or such other person in control of each of the respective municipal departments and/or buildings housing said departments shall be responsible for control of smoking in these buildings.