[HISTORY: Adopted by the Mayor and Council of the Borough
of Metuchen 12-1-2014 by Ord. No.
2014-7. Amendments noted where applicable.]
As used in this chapter, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Shall include all public parks, playgrounds and ball fields
publicly owned or leased by the Borough of Metuchen and all property
owned or leased by the Borough of Metuchen 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.
Shall include all structures owned, leased, rented and/or
operated by the Borough of Metuchen and/or occupied by Borough employees
and used for official business of the Borough of Metuchen.
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.
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 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.
Smoking shall be prohibited within a fifty-foot radius of the entrances
of all municipal buildings. 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 in locations to provide adequate notice
to the public that smoking is prohibited by this chapter. The signs
shall 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. The "within" prohibition contained in this
subsection shall not apply to a designated smoking area located at
the Department of Public Works Building (44 Jersey Avenue) and the
Volunteer Fire Department Building (583 Middlesex Avenue). The designated
smoking area at the above municipal buildings shall be determined
and designated by the Borough Administrator after consultation with
the Chief of the Fire Department and the Director of the Department
of Public Works. "Designated Smoking Area" signs shall be clearly,
sufficiently and conspicuously posted in all areas exempt from this
subsection.
C.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Borough of Metuchen and all property owned
or leased by the Borough of Metuchen 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.
D.
Smoking shall be prohibited in any vehicle registered to the Borough
of Metuchen.
The enforcement authority of this chapter shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the Borough of Metuchen.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any municipal employee found in violation of this chapter may also
be subject to discipline in accordance with the provisions of the
Borough of Metuchen's policies and procedures.
