Township of Pittsgrove, NJ Chapter 79 Smoking

[HISTORY: Adopted by the Township Committee of the Township of Pittsgrove 2-25-2015 by Ord. No. 1-2015. Amendments noted where applicable.] [1]

[1] Editor's Note: Former Ch. 79, Sex Offender Residency Restriction, adopted 12-13-2005 by Ord. No. 19-2005, as amended, was repealed 12-22-2009 by Ord. No. 18-2009.]

§ 79-1 Definitions.

As used in this chapter only, the following words and terms shall be defined as set forth below. All other terms, words and phrases not defined herein shall be given their customary meaning.

ELECTRONINC SMOKING DEVICE

Any electronic device that can be used to deliver nicotine or other substances, including vapor, to the person inhaling from the device.

PARK

Any athletic fields, playgrounds and other active and passive recreation areas owned, leased or operated by Pittsgrove Township to which the general public is invited.

PERSON

Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.

PUBLIC PROPERTY

Any municipally owned, maintained and/or operated building, structure, facility or complex, park, lands or vehicle which the general public is invited.

SMOKING

The inhaling, exhaling, burning or possession of any lighted cigar, cigarette, pipe or similar device or any other combustible or inhalable tobacco product or any matter or substance which contains tobacco or any other material that can be smoked, or the inhaling or exhaling of smoke or vapor products from an electronic smoking device.

TOBACCO PRODUCT

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco, including electronic devices and dissolvable tobacco products not FDA approved for tobacco cessation.

§ 79-2 Smoking prohibited.

A. Except where otherwise provided herein, smoking shall be prohibited at all times on or within public property where the public is present, invited, or gathers, within the Township of Pittsgrove, including but not limited to the following places:

(1) In every room, office, chamber, lobby, hallway and other common areas in all public buildings owned, leased or operated by the Township.

(2) Parks and recreation areas, including trails, roadways and parking areas located within a park, established specifically for the purposes of active or passive recreation.

(3) Within 25 feet of any entrance or exit areas of any Township owned, leased or operated buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems.

(4) In the cab of any enclosed Township vehicle.

B. Smoking optional areas. Notwithstanding the prohibitions contained in the foregoing provisions, outdoor smoking areas may be designated by the Township committee by resolution of same. Smoking areas, once approved, shall bear signs specifically designating that they are smoking areas. Smoking areas shall be clear of any public entrance or exit areas of any public buildings where smoke may enter the air people breathe through such entrances, exits, windows, or ventilation systems. Except as provided by resolution, no smoking shall be permitted in any other areas of any public buildings, parks or recreation areas.

§ 79-3 Signs.

"Smoking" or "No Smoking" signs, as appropriate, or the international "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it), shall be clearly and conspicuously posted on every public property where smoking is controlled by this chapter. The "Smoking" signs shall be posted only in those areas so designated by resolution of the governing body.

§ 79-4 Enforcement.

The provisions of this chapter shall be enforceable by a Police Officer, Health Officer or designee, employee of the Township, or any other individual so designated by the Township Committee, as designated enforcement officers for the purposes of enforcing this chapter. Any citizen may register a complaint under this ordinance with a Police Officer, Health Officer or designee, or the Administrator or Municipal Clerk of the Township.

§ 79-5 Violations and penalties.

A. It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.

B. Any person who smokes in an area in which smoking is prohibited shall be guilty of a disorderly persons offense and subject to a maximum fine of $200 for each violation.

C. Any person found guilty defacing, tampering with or removing "No Smoking" or "Smoking" signs, which are required by this chapter, shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.

D. Any juvenile adjudicated to have violated the provisions of this chapter shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this ordinance.