Borough of North Arlington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of North Arlington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Cruising — See Ch. 130.

Curfew — See Ch. 134.

Graffiti — See Ch. 192.

Tobacco use in parks — See Ch. 256, Art. IV.

ARTICLE I
Smoking in Government Buildings (§ 310-1 — § 310-4) 

ARTICLE II
Tobacco Use by Minors (§ 310-5 — § 310-8) 

[Adopted 10-21-1986 by Ord. No. 1375 (Ch. 169 of the 1984 Code)]

§ 310-1
Definitions. 

§ 310-2
Prohibited acts. 

§ 310-3
Permitted areas. 

§ 310-4
Violations and penalties. 

As used in this article, the following terms shall have the meanings indicated:

SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.
[Amended 6-14-1999 by Ord. No. 1761]
A. 

Smoking is prohibited from the following areas of the:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(1) 

Borough Hall.

(a) 

The Council Chambers

(b) 

In the hallways and corridors on the first and second floor of the Borough Hall

(c) 

In all other offices and common areas in the Borough Hall except private offices. (See attached floor plan.

Editor's Note: The floor plan is on file in the Clerk's office.
)

(2) 

Health building. All offices and common areas with the exception of the Health Officer's private office

(3) 

Library. All offices and common areas with the exception of the rear entrance foyer.

(4) 

Recreation fields. Any recreation field owned by or leased to the Borough of North Arlington when recreation programs sponsored or under the auspices of the Borough are in progress on said fields.

[Added 2-5-2002 by Ord. No. 1833]

B. 

Smoking is prohibited in all other municipal offices and common areas not specified above when in use by the general public.

[Added 4-18-1989 by Ord. No. 1454]
A. 

Senior citizen center. Smoking will only be permitted in one designated area of a building, and the section shall be marked accordingly. (See diagram attached.

Editor's Note: The diagram is on file in the Clerk's office.
)

The penalty shall not exceed $25, in compliance with P.L. 1985, c. 381 (N.J.S.A. 26:3D-46 et seq.).

[Adopted 10-1-1997 by Ord. No. 1715]

§ 310-5
Definitions. 

§ 310-6
Smoking or possession of tobacco prohibited; exception. 

§ 310-7
Implementation of statute. 

§ 310-8
Violations and penalties. 

As used in this article, the following terms shall have the meanings indicated:

TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling, and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.
PUBLIC PLACE
Any building or enclosed structure open to the public, and any street, road, sidewalk, walkway, park or open space located within the Village and which is open to the public.
NONPUBLIC PLACE
Any place that is not a public place.
A. 

It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product in or on any public place or nonpublic place, or to possess in open view, an opened pack, opened carton, or other opened container holding a tobacco product in any public place or nonpublic place.

B. 

This article shall not apply to a minor smoking or using tobacco in a nonpublic place which constitutes the residence of the minor and his or her parent or parents or guardian.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

This article is intended to implement N.J.S.A. 2A:170-51 et seq.

A violation by a minor of this article shall be enforced as follows:

A. 

First offense.

(1) 

A verbal warning will be given to the offender by the officer observing the violation. The officer will take the offender's name, age, address, telephone number, and name and address of parents or guardians. The information will be placed on a juvenile record card maintained at the Department of Police, which said card shall also contain the date and place of the offense.

(2) 

Unless there are other violations outstanding, or the offender is uncooperative, he or she will not be taken to police headquarters for a first violation. The information from the juvenile record card will be transmitted to the Detective Bureau Commander who will file it and advise the parent or guardian of the incident and information contained on the card.

B. 

Second offense. The officer observing the violation will take the offender's name, age, address, telephone number, parent's or guardian's name and address. The information will be placed on a juvenile record card. The card will also contain the date and place of the offense. The Detective Bureau Commander will arrange a "station house adjustment" with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the third phase of enforcement, and antitobacco use literature will be provided. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.

C. 

Third offense.

(1) 

The information described above for the juvenile record card will be verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will be a referral to a two-hour education program currently conducted by the Valley Hospital Community Education Department. In the event that such program is not available, the Bureau Commander will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.

(2) 

If a period of two years or more passes after the commission of the third offense, the next offense will not be considered a fourth offense, but the procedure for a third offense will be repeated.

D. 

Fourth offense. The information on the juvenile record card will be implemented and verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will include a referral to a six-session smoke-stop program offered by the Community Education Program at Valley Hospital, or equivalent. Any costs involved for these programs shall be paid by the offender. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.

E. 

Fifth offense.

(1) 

A juvenile complaint will be issued to the offender for appearance in Juvenile Court or Municipal Court.

(2) 

In the event that the offender does not comply with any of the requirements set forth in first, second, third, or fourth offenses, a juvenile complaint will be issued to the offender for the initial and any subsequent violations.