[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 6-19-2013 by Ord. No. 12/13.[1] Amendments noted where applicable.]
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of
a municipality may make, amend, repeal and enforce such other ordinances,
regulations, rules and bylaws not contrary to the laws of this state
or 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
WHEREAS, Chapter 345, Smoking, of the Code of the Town of West
New York in its current form only prohibits smoking at Miller Stadium
and certain playgrounds and does not address additional public facilities;
and
WHEREAS, the previous state legislation which prohibited municipalities
from passing strict local smoking laws that differed from the state
standards was repealed and the state now expressly authorizes municipalities
to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63;
and
WHEREAS, N.J.S.A. 2C:33-13b also provides that the owner and/or
operator of a public place, such as public parks and recreational
areas, may prohibit smoking on such property; and
WHEREAS, the Mayor and Board of Commissioners has determined
that the public interest is especially implicated in preventing the
youth of West New York from being exposed and succumbing to the temptations
of experimenting with tobacco products; and
WHEREAS, the Mayor and Board of Commissioners also finds that
the appearance of parks and recreation areas can be enhanced and the
limited resources of the Town's Department of Public Works can
be conserved if smoking were to be banned from such areas, thereby
keeping such areas free of the litter typically generated by the smoking
of cigarettes, such as cigarette butts, ashes and packaging:
[1]
Editor's Note: This ordinance also repealed former Ch. 345,
adopted as follows: Art. I, Miller Stadium, adopted 3-21-2001 by Ord.
No. 5/01, and Art. II, Playgrounds, adopted 6-19-2002 by Ord. No.
14/02.
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 structures owned, leased, rented and/or
operated by the Town of West New York, and/or occupied by employees
and used for official business of the Town of West New York.
All public parks, playgrounds, ball fields, swimming pools,
plazas publicly owned or leased by the Town of West New York, and
all property owned or leased by the Town of West New York 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 thirty-five-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 the Town of West New York and all property owned
or leased by the Town of West New York 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 indicate that violators are subject to a
fine.
D.
Smoking shall be prohibited in any municipal vehicle registered to
the Town of West New York.
The enforcement authority of this chapter shall be the Police
Director and/or his/her designees of the Town of West New York.
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 section may also
be subject to discipline in accordance with the provisions of the
Town of West New York policies and procedures.
