[Adopted 3-16-2015 by Ord. No. 15-04]
The following are the purposes of this article:
A.
The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer. (See U.S. Department
of Health and Human Services, the Health Consequences of Involuntary
Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
2006.)
B.
Smoking is the leading cause of death in the United States and the
United State Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of the six top national healthcare
priorities.
C.
Pursuant to N.J.S.A. 40:48-1, North Brunswick is given the authority
to adopt ordinances for the public health, safety and welfare of the
Township, its citizens, residents and guests.
D.
The New Jersey Smoke-free Air Act (N.J.S.A. 26:3D-63) specifically
authorizes local restrictions on smoking "equivalent to, or greater
than" those provided in the NJSFAA for purposes of "protecting public
health."
As used in this article, the following terms shall have the
following definitions:
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.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco, cannabis, or any other matter
that can be smoked, or the inhaling of smoke or vapor from an electronic
smoking device.
[Amended 3-20-2023 by Ord. No. 23-06]
Whenever the Director of the Department of Parks, Recreation
and Community Services or his or her designee or a park patrolman
or park personnel or any law enforcement personnel observes or reasonably
believes that there exists a violation of this article, he or she
may issue a summons and complaint to the violator. The complaint shall
be written and served on the violator. Citizens of the Township may
also bring private complaints for violation of this article.
[Amended 3-20-2023 by Ord. No. 23-06]
Individuals are prohibited from smoking at any public parks.
