[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 2-28-1978 as Ord. No. 5-1978; amended in its entirety 5-26-1998 by Ord. No. 21-1998. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MUNICIPAL GOVERNMENT BUILDING
- A building or a portion of a building owned or leased by the Town of Dover.
- The burning of a cigar, cigarette, pipe or any other matter or substance which contains tobacco.
- The person who ultimately controls, governs or directs the activities and conduct of employees.
No person shall smoke or carry a lighted cigar, cigarette, pipe or other lighted matter or substance which contains tobacco in any municipal government building, as defined herein.
The primary enforcement authority for this chapter shall be the Dover Board of Health and the local Health Officer.
The Administrator of the town shall establish written rules governing smoking in municipal government buildings. The rules shall contain a written policy and procedure to protect the health, welfare and comfort of employees from the detrimental effects of tobacco smoke, which policy shall include designated nonsmoking areas but may include designated smoking areas. The rules must be given to all employees, and such employees and their elected representatives must have a right to be heard concerning those proposed rules. The rules cannot become effective until 30 days after the delivery of the written notice to the employees. In addition, all town supervisors, as defined herein, shall be responsible for disciplining public employees who smoke in violation of this chapter in the building or that portion of the building for which the supervisor is responsible.
Any supervisor shall have the right to withhold the service of the supervisor's department, division or agency to any member of the public who smokes in any municipal government building, provided that the supervisor shall first inform that person of this right. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving this notice.
Any violation of this chapter may be prosecuted in the Municipal Court of the Town of Dover and, unless otherwise provided by N.J.S.A. 26:3D-51, shall be punishable by a fine not to exceed $25. The fine shall be enforced and collected by a summary proceeding in accordance with the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.). In addition to the foregoing, all violations shall be handled in accordance with the enforcement provisions of N.J.S.A. 26:3D-51.