[HISTORY: Adopted by the Board of Health of the Borough of Fort Lee 12-14-1999 by Ord. No. 99-02. Amendments noted where applicable.]
It shall be unlawful for students enrolled in elementary and secondary educational institutions to use or possess in plain public view a cigarette or any other tobacco products within the public right-of-way areas within a radius of 1,000 feet of any elementary or secondary educational institution when classes or other student activities are in session and one hour before and one hour after such activities.
Whenever the Health Officer, or his or her designee, reasonably believes there exists a violation of this chapter, he/she may issue a summons and complaint not later than 30 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified Mail to the alleged violator.
The Health Officer, or his designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, incident, or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or any other person charged with enforcement of this chapter, who may request the assistance of the Borough of Fort Lee Police Department, or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
If any chapter, section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this chapter.
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Fort Lee.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $25 nor more than $100 for each offense. Penalties for first violations may be in the form of community service. Complaint shall be made in the Municipal Court of the Borough of Fort Lee or before such other judicial officer having authority under the laws of the State of New Jersey.