[Adopted 4-3-2013 by Ord. No. 2013-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III,
Smoke-Free Zones, adopted 11-7-2001 by Ord. No. 2001-33.
A.
ENCLOSED AREA
MUNICIPAL BUILDING
PARKS AND RECREATIONAL FACILITIES
SMOKING
Definitions. As used in this article, the following words shall have
the following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by the Township of Lopatcong, and/or occupied by Township employees
and used for official business of the Township of Lopatcong.
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the Township of Lopatcong and all property owned
or leased by the Township of Lopatcong 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.
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.
B.
Prohibition of smoking in public places; signs.
(1)
Smoking shall be prohibited in all municipal buildings as defined
herein. "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 municipal
building entrance and within each closed area where smoking is prohibited
by this article. The sign 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 therein. The sign shall
also indicate that violators are subject to a fine.
(2)
Smoking shall be prohibited within a thirty-five-foot radius of the
front entrance of all municipal buildings. "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 buildings and at the thirty-five-foot
perimeter of the front entrance of all municipal buildings where smoking
is prohibited by this article. The sign 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 therein.
The sign shall also indicate that violators are subject to a fine.
(3)
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Township of Lopatcong and all property owned
or leased by the Township of Lopatcong upon which the public is invited
or upon which the public is permitted or 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 article. The sign
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 in the designated area. The sign shall also indicate
that violators are subject to a fine.
(4)
Smoking shall be prohibited in any vehicle registered to the Township
of Lopatcong.
C.
Enforcement. The enforcement authority of this article shall be the
Police Department, Fire Department, Recreation Department, Public
Works Department and Health Department of the Township of Lopatcong.
D.
Violations and penalties. Any person who violates any provision of
this article shall be subject to a fine not less than $250 for the
first offense, $500 for the second offense and $1,000 for each subsequent
offense. Any municipal employee found in violation of this article
may also be subject to discipline in accordance with the provisions
of the Township of Lopatcong's policies and procedure.
