[HISTORY: Adopted by the City Council of the City of Rahway 5-9-2011 by Ord. No.
O-16-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch. 121.
Drug-free zones — See Ch. 189.
Public health nuisances — See Ch. 291.
Recreational areas — See Ch. 327.
Tobacco products — See Ch. 385.
[1]
Editor's Note: This ordinance was adopted as Ch. 346
but was renumbered in order to retain the alphabetical organization
of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
[Added 7-10-2017 by Ord. No. O-17-17]
A building or portion of a building owned or leased by a
government entity.
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; Board of Education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
facility; any public conveyance operated on land or water, or in the
air, and passenger waiting rooms and platform areas in any stations
or terminals thereof; health care facility licensed pursuant to P.L.
1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the
office of a health care provider licensed pursuant to Title 45 of
the Revised Statutes; child-care center licensed pursuant to P.L.
1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility
used for the holding of sporting events; ambulatory recreational facility;
shopping mall or retail store; hotel, motel or other lodging establishment;
apartment building lobby or other public area in an otherwise private
building; or a passenger elevator in a building other than a single-family
dwelling.
[Amended 7-10-2017 by Ord. No.
O-17-17]
Any tract of land designated and used by the public for active
and passive recreation.
Any place designed and equipped for the conduct of sports
and leisure-time activities.
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 7-10-2017 by Ord. No.
O-17-17]
A structurally enclosed location or portion thereof at which
a person performs any type of service or labor.
[Added 7-10-2017 by Ord. No. O-17-17]
[Amended 7-10-2017 by Ord. No. O-17-17]
In the best interests of the public health, safety and welfare,
smoking shall be prohibited in all government buildings, indoor public
places, workplaces, parks and playgrounds and recreational facilities
as defined in this chapter. Smoking shall be prohibited in all municipal
vehicles owned, leased or operated by the City of Rahway.
[Amended 7-10-2017 by Ord. No. O-17-17]
There is hereby established, around all municipal buildings
located within the City of Rahway, a twenty-five-foot smoke-free zone,
wherein the smoking of any form of tobacco product (a cigarette, cigar,
pipe or electronic smoking device) is strictly prohibited. The smoke-free
zone shall include all areas within 25 linear feet from any and all
entrances and exits of any and all municipal buildings and public
facilities.
[Amended 7-10-2017 by Ord. No. O-17-17]
A.
The person having control of an indoor public place or workplace
shall place in every public entrance to the indoor public place or
workplace a sign, which shall be located so as to be clearly visible
to the public and shall contain letters or a symbol which contrast
in color with the sign, indicating that smoking is prohibited therein.
The sign shall also indicate that violators are subject to a fine.
B.
The provisions of this section shall not be construed to prevent
a lessee of the workplace, or space within the building or indoor
public place, from enforcing the smoking restrictions imposed by the
owner or operator of a commercial or other office building or other
indoor public place.
The Health Officer, or designee, and the Police Department are
hereby charged with the enforcement of this chapter. All members of
the Health Department and the Police Department are hereby designated
as enforcement officers for the purpose of enforcement of this chapter.
[Amended 7-10-2017 by Ord. No. O-17-17]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof for a first offense,
be punishable by a fine of not less than $250; $500 for a second offense;
and $1,000 for a third offense.
