Township of West Windsor, NJ
Mercer County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of West Windsor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking restricted — See § 115-8.
[Adopted 4-2-2001 by Ord. No. 2001-04]

§ 140-1 Smoking prohibited; exceptions.

The smoking of tobacco products within any facility, property or vehicle owned, leased or contracted for by the District[1] by an individual within the Township of West Windsor is prohibited. Consistent with N.J.S.A. 26:3D-16 and 26:3D-17, "smoking" means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, except as part of a classroom instruction or a theatrical production.
[1]
Editor's Note: The "District" means the West Windsor-Plainsboro Regional School District.

§ 140-2 Enforcement.

Section 140-1 shall be enforced by the administrative officials of the District and/or school facility, property or vehicle where such prohibited activities are undertaken or the administrative officials of the District, or both. In the case of any vehicle, § 140-1 shall be enforced by the administrative officials of the facility or property at which the vehicle is operated or the administrative officials of the District, or both.

§ 140-3 Violations and penalties.

Any individual guilty of smoking tobacco products at any school facility, property or vehicle will be subject to a fine of up to $100 and/or community service as determined by the Township of West Windsor Municipal Court.

§ 140-4 Signs.

Signs shall be posted by the District in prominent locations at the perimeter of all school grounds and at the public entrance to all school facilities, property or vehicles owned or leased by the District within the Township of West Windsor indicating that smoking is prohibited and violators will be subject to a fine as set forth in § 140-3 of this chapter.
[Adopted 12-23-2013 by Ord. No. 2013-18]

§ 140-5 Definitions.

As used in this article, the following words shall have the following meanings:
ENCLOSED AREA
All areas between a floor and ceiling, extending to the outer perimeter wall of a structure.
PARKS AND RECREATIONAL FACILITIES
Shall include all public parks, playgrounds, ball fields, swimming pools, gardens, plazas publicly owned or leased by the Township of West Windsor and all property owned or leased by the Township of West Windsor 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 limited to, any sidewalk, parking area, driveway or drive aisle.
MUNICIPAL BUILDINGS
Shall include all structures owned, leased, rented and/or operated by the Township of West Windsor, and/or occupied by Township employees and used for official business of the Township of West Windsor.
SMOKING
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.

§ 140-6 Prohibition of smoking in public places; signs.

A. 
Municipal buildings. Smoking shall be prohibited within a thirty-five-foot radius of all entrances of 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 at each entrance onto municipal complexes and on building entrances 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.
[Amended 3-27-2017 by Ord. No. 2017-10]
B. 
Parks and recreational facilities. Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Township of West Windsor and all property owned or leased by the Township of West Windsor 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 sidewalk, parking area, driveway or drive aisle which has 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 posted at or near the entrance to areas regulated by this chapter. The sign shall also indicate that violators are subject to a fine. However, the posting of said signs shall not congest the overall appearance of the areas regulated by this chapter nor impose an inordinate expense upon the Township of West Windsor.
[Amended 3-27-2017 by Ord. No. 2017-10]
C. 
Municipal vehicles. Smoking shall be prohibited in any vehicle registered to the Township of West Windsor.

§ 140-7 Enforcement.

The enforcement authority of this article shall be the Business Administrator, Chief of Police, Director of Parks and Recreation, Health Officer or designees.

§ 140-8 Violations and penalties.

Any person who violates any provision of this article shall be subject to a fine of not less than $100 for the first offense, $250 for the second offense and $500 for each subsequent offense.