[HISTORY: Adopted by the Township Committee of the Township
of Readington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-18-2016 by Ord. No. 10-2016]
A.
Pursuant to N.J.S.A. 40:48-2, the governing body of a municipality
may make, amend, repeal and enforce such other ordinances, rules,
regulations and bylaws not contrary to the laws of this state or of
the United States, as it may deem necessary and proper for the good
of government, order and protection of person and property, and for
the preservation of the public health, safety and welfare of the municipality
and its inhabitants, and as may be necessary to carry into effect
the powers and duties conferred and imposed by this subtitle, or by
any law; and
B.
This article is authorized by N.J.S.A. 26:3D-63, which permits municipalities
to enact ordinances which are stricter than state laws regulating
smoking; and
C.
The governing body recognizes that it is within the public interest
to prohibit smoking in public buildings and on public property, such
as public parks and recreation areas, due to the well-known health
and safety risks posed by smoking; and
D.
The governing body also finds that the appearance of the parks and
recreation areas and municipal- and other Township-owned properties
within Readington can be enhanced and that the limited resources of
the Township's Department of Public Works can be conserved if
smoking is banned from such areas, thereby keeping such areas free
of the litter typically generated by cigarette and other smoking products,
such as cigarette butts, filters, ashes and packaging.
As used in this article, the following words and phrases shall
have the following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by Readington Township and/or occupied by employees and used for official
business of the Township.
Includes all public parks, playgrounds, ball fields and open
space publicly owned or leased by Readington Township, and all property
owned or leased by Readington Township 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, sidewalks, any parking
area, driveway or drive aisle.
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 section. 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 35-foot radius of all 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 at the thirty-five-foot perimeter
of all entrances of all municipal buildings where smoking is prohibited
by this section. The signs shall be clearly visible to the public
and shall contain letters or a symbol which shall also indicate that
violators are subject to a fine.
C.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by Readington Township and all property owned or leased
by Readington 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 section. 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 state that
violators are subject to a fine.
D.
Smoking shall be prohibited in any municipal vehicle registered to
the Township of Readington.
The enforcement authority of this article shall be the Chief
of Police and/or his/her designees of the Township of Readington,
or other public officer as may be appointed or directed by the Township
Committee.
Unless another penalty is expressly provided by New Jersey statute,
any person violating any provisions of this article shall, upon conviction,
be punishable by a fine 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 article may also
be subject to discipline in accordance with the applicable policies
and procedures of the Township of Readington.
