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.
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.
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]).
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.