[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.
A.
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.
B.
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.
C.
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.
D.
Citizens may bring complaints against violators of this
chapter.
A.
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.
B.
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.
