[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-21-1986 by Ord. No. 1375 (Ch.
169 of the 1984 Code)]
As used in this article, the following terms
shall have the meanings indicated:
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:
[Amended 2-9-2006 by Ord.
No. 1953]
(1)
Borough Hall.
(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]
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]
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
[Amended 2-9-2006 by Ord.
No. 1953]
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.
