Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1999 by Ord. No. O-99-8]

§ 83-1 Definitions.

A. 
As used in this article, the following terms shall have the meanings indicated:
MUNICIPAL GOVERNMENT BUILDING
A building or a portion of a building owned or leased by the Township of Elk.
SMOKE or SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
SUPERVISOR
The person who ultimately controls, governs or directs the activities and conduct of employees.
B. 
It is the intention of this section to comply with the provisions of the New Jersey Smoke-Free Act, N.J.S.A. 26:3D-55 et seq.
[Amended 5-6-2010 by Ord. No. O-2010-33]

§ 83-2 Smoking prohibited.

No person shall smoke or carry a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco in any municipal government building, as defined herein.

§ 83-3 Violations and penalties; enforcement.

A. 
The primary enforcement authority for this article shall be the Elk Township Board of Health and the local Health Officer. In addition, all Township supervisors, as defined herein, are hereby instructed to assist in the promotion of the smoking regulations.
B. 
Any member of the public who smokes in a government building in violation of this article is subject to a fine not less than $250 for a first offense, $500 for a second offense and $1,000 for each subsequent offense. The fine shall be enforced and collected by a summary proceeding in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.[1]).
[Amended 5-6-2010 by Ord. No. O-2010-33]
[1]
Editor's Note: N.J.S.A. 2A:58-1 to 2A:58-9 were repealed by L. 1999, c. 274, § 4. See now N.J.S.A. 2A:58-10 et seq.
C. 
Any supervisor, as defined herein, shall have the right to withhold the services of the supervisor's department, division or agency to any member of the public who smokes in any municipal government building, provided that the supervisor shall first inform that person of this right. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving this notice.
D. 
In addition to the foregoing, all violations shall be handled in accordance with the enforcement provisions of N.J.S.A. 26:3D-62.
[Amended 5-6-2010 by Ord. No. O-2010-33]