[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield 9-5-2006 by Ord. No. 1745. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 186.
Parks and recreation areas — See Ch. 317.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH PARKS AND PLAYGROUNDS
Any property owned by the Borough of South Plainfield dedicated for active recreation purposes.
MUNICIPAL BUILDINGS
Shall include all structures owned, leased, rented and/or operated by the Borough of South Plainfield and/or occupied by Borough employees and used for official business of the Borough of South Plainfield.
[Added 9-5-2017 by Ord. No. 2089]
PARKS AND RECREATIONAL FACILITIES
Shall include all public parks, playgrounds, ballfields, publicly owned or leased by the Borough of South Plainfield and all property owned or leased by the Borough of South Plainfield 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 9-5-2017 by Ord. No. 2089]
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.
[Added 9-5-2017 by Ord. No. 2089]
[Amended 9-5-2017 by Ord. No. 2089]
A. 
Smoking shall be prohibited in all municipal buildings as defined herein. 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 at each municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal buildings. Smoking shall be prohibited within a twenty-five-foot radius of any other entrance that is accessed by the public. 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 both on the building and at the thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
C. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Borough of South Plainfield and all property owned or leased by the Borough of South Plainfield 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, which have been designated with no-smoking signs. 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. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
By ordinance the Mayor and Council may designate areas within parks and playgrounds of the Borough of South Plainfield in which smoking is permitted. In the event those areas are designated, the Mayor and Council shall direct that signs be posted designating the areas in which smoking is permitted.
This chapter shall be enforceable by the Police Department of the Borough of South Plainfield or the County Board of Health.
[Amended 2-1-2010 by Ord. No. 1873]
Any individual who violates the provisions of this chapter shall be subject to a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.