[HISTORY: Adopted by the Municipal Council
of the City of Clifton 11-21-1995 by Ord. No. 5773-95. Amendments noted
where applicable.]
As used in this chapter, the following words
shall have the following meanings:
Any person who is employed by the City of Clifton in consideration
of direct or indirect monetary wages or profit and any person who
volunteers his or her services for a nonprofit entity.
The City of Clifton or any person, partnership or corporation,
including a municipal corporation, or nonprofit entity who employs
the services of one or more individual persons.
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
All public parks, playgrounds, ball fields, publicly owned
or leased by the City of Clifton and all property owned or leased
by the City of Clifton 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.
[Added 10-19-2010 by Ord. No. 6906-10]
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.
[Amended 6-19-2007 by Ord. No. 6667-07; 10-19-2010 by Ord. No. 6906-10]
[Amended 6-19-2007 by Ord. No. 6667-07]
A.Â
Smoking shall be prohibited in all buildings owned,
leased or rented by the City of Clifton. 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 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.Â
Smoking shall be prohibited within a thirty-five-foot
radius of the front entrance of City Hall located at 900 Clifton Avenue,
Clifton, New Jersey, pursuant to the authority of N.J.S.A. 2C:33-13,
which provides that smoking may be prohibited by municipal ordinance
in any public place, including but not limited to, places of public
accommodation, and under the authority of N.J.S.A. 40:48-1, 40:48-2,
and 26:3D-63. 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 the front entrance
of City Hall 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.
C.Â
Smoking
shall be prohibited in all public parks, playgrounds, ball fields,
publicly owned or leased by the City of Clifton and all property owned
or leased by the City of Clifton 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.
[Added 10-19-2010 by Ord. No. 6906-10]
The enforcement authority of this chapter shall
be the Police Department, Fire Department, Housing Department and
Health Department of the City of Clifton.
[Amended 6-19-2007 by Ord. No. 6667-07]
Any person who violates any provision of this
chapter shall be subject to a fine pursuant to N.J.S.A. 2C:43-3 and/or
N.J.S.A. 26:3D-62, as same may be amended from time to time. Any municipal
employee found in violation of this chapter may also be subject to
discipline in accordance with the provisions of the City of Clifton’s
policies and procedures.
No person or employer shall discharge, refuse
to hire or in any manner retaliate against any employee or applicant
for employment because such employee or applicant exercises any right
to a smoke-free place of employment or public place as set forth in
this chapter.
[Amended 10-19-2010 by Ord. No. 6906-10]
The Health Department of the City of Clifton
shall engage in a continuing program to explain and clarify the purposes
and requirements of this chapter to those affected by it and to guide
supervisors, employees and members of the public in their compliance
with this chapter.
