[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 2-18-1999 by Ord. No. 7-1999. Amendments noted where applicable.]
The Township Council of the Township of Pemberton does hereby find and determine that:
Numerous studies have found tobacco smoke is a major contributor to indoor air pollution;
The United States Environmental Protection Agency (USEPA) has designated second hand smoke as a Class A carcinogen as well as a significant cause of respiratory problems in children;
The United States Surgeon General found in his 1986 report that environmental tobacco smoke is a cause of diseases, including lung cancer, in nonsmokers;
Reliable studies have shown that environmental tobacco smoke is a cause of cardiovascular disease in nonsmokers and that breathing environmental tobacco smoke is significant health hazard for children, the elderly and individuals with cardiovascular disease, impaired respiratory function and asthma;
The Americans With Disabilities Act (ADA), which requires access for handicapped persons in public places and work places, deems impaired respiratory function a disability;
The United States Surgeon General further found that separating smokers from nonsmokers within the same air space does not eliminate the exposure of nonsmokers to environmental tobacco smoke; and
The Township Council of the Township of Pemberton finds that it is within its inherent governmental powers to implement and enforce the provisions of this chapter.
As used in this chapter only, the following words and terms shall be defined as set forth below. All other terms, words and phrases not defined herein shall be given their customary meaning.
- Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- PUBLIC BUILDING
- Any building, structure, facility or complex used by the general public, or to which the general public is invited, which is constructed and/or operated or leased by any state, county or municipal government, or board of education, or school district offices or work areas.
- The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.
Except as otherwise provided herein, smoking shall be prohibited in the following places:
Every room, chamber, lobby, hallway and other common areas in any place of meeting or public assembly, including school buildings, which are under the control of any board, council, commission, committee, including joint committees, or agencies of the Township of Pemberton or any political subdivision of the State of New Jersey.
Public areas of libraries, museums or the like which are funded or partially funded by governmental agencies.
On any property, including areas outside buildings, owned by the Township of Pemberton, excepting public roads and streets.
[Added 8-5-2009 by Ord. No. 19-2009]
"Smoking" or "No Smoking" signs, as appropriate, or the international, "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or such other person in control of every public building where smoking is controlled by this chapter. The color of such signs, when not of the international type, shall have letters that are distinct, contrasting to the background and easily read. Letters shall have a minimum height of three quarters of an inch and should be posted in English and such other languages as the Township Council shall decide. The "No Smoking" signs shall be posted, at a minimum, on every doorway which provides an entry to the building. The "Smoking" signs shall be posted only in those areas so designated by the Township Council under § 151-3B above as being an area in which smoking shall be permitted.
[Amended 9-2-1999 by Ord. No. 21-1999]
The provisions of this article shall be enforceable by a police officer, employee or elected official of the Township of Pemberton, as well as by any citizen, school administrator, teacher or other school employee where violation of this ordinance occurs on properties under the jurisdiction of the Board of Education of the Township of Pemberton. Any person seeking to enforce the provision of this ordinance shall be authorized, as to an adult, to file a complaint in the Municipal Court of the Township of Pemberton; and, as to a juvenile, to report the incident to the Pemberton Township Police Department, which shall then assign an officer to record the appropriate information and forward same to the Pemberton Township Juvenile Unit. A juvenile detective will complete the appropriate reports and file a complaint with the Clerk of the Superior Court, Chancery Division, Family Part, or such other court having jurisdiction over such matters and to have the complaint adjudicated according to law.
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.
Any person who smokes in an area in which smoking is prohibited shall be subject to a fine of not less than $100 nor more than $200 for each violation.
Any person found guilty defacing or removing "No Smoking" signs which are required by this chapter shall be subject to a fine not less than $100, nor more than $200, plus the costs of replacing the sign.
Any juvenile adjudicated to have violated the provisions of this article shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this article.
[Added 9-2-1999 by Ord. No. 21-1999]
No provision of this chapter shall be construed or interpreted to allow smoking where it is otherwise restricted or prohibited by other laws.