[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]
A.
MUNICIPAL GOVERNMENT BUILDING
SMOKE or SMOKING
SUPERVISOR
As used in this article, the following terms shall
have the meanings indicated:
A building or a portion of a building owned or leased by
the Township of Elk.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco.
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]
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.
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Editor's Note: N.J.S.A. 2A:58-1 to 2A:58-9 were repealed by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]