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 area and on any public properties 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.
Appropriate signs shall be posted at the perimeter
of the one-thousand-foot radius indicating the existence of a Drug-Free
School Zone in accordance with state regulations and a Smoke-Free
School Zone in accordance with local ordinance. Maps shall be on file
at the Municipal Clerk's office.
Within 30 days of adoption of this article, each school
facility within the community shall adopt or amend its tobacco use
policy incorporating the prohibition by youth of tobacco and tobacco
products within the one-hundred-foot Tobacco-Free Zone. Disciplinary
action consistent with the ordinance and school's policy shall be
established for enforcement by the school's administration. Copies
shall be provided to the Borough Health Department.
Whenever the Borough Health Department, or its designee,
reasonably believes there exists a violation of this article, it 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 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 Borough Health Department, or its designee, or
any other person charged with enforcement of this article, after given
proper identification, may investigate 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 Borough Health Department,
or any other person charged with enforcement of this article, who
may request the assistance of the Pennington Borough Police Department
or other police agency when necessary to execute his or her official
duty in a manner prescribed by law.
Citizens may bring complaints against violators of
this article to the appropriate school administration and, if not
resolved, to the Borough Health Department.
Penalties for first violations shall be in accordance
with adopted school policy. Second violations shall be referred to
the Health Department for civil penalty as indicated.
Unless otherwise provided by law, statute or ordinance,
any student violating any of the provisions of this article shall,
upon conviction thereof, be subject to a fine not exceeding $1,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
Complaints shall be made in the Municipal Court of
the Borough of Pennington or before such other judicial officer having
authority under the laws of the State of New Jersey.
Any student found in violation of this article shall
also be required to attend a smoking cessation course, free of charge,
as available through the school system or the Borough Health Department.