[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.]
§ 151-1 Findings.
§ 151-2 Definitions.
§ 151-3 Smoking prohibited.
§ 151-4 Signs.
§ 151-5 Enforcement.
§ 151-6 Violations and penalties.
§ 151-7 Construal of provisions.
§ 151-1 Findings.
The Township Council of the Township of Pemberton
does hereby find and determine that:
A.
Numerous studies have found tobacco smoke is a major
contributor to indoor air pollution;
B.
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;
C.
The United States Surgeon General found in his 1986
report that environmental tobacco smoke is a cause of diseases, including
lung cancer, in nonsmokers;
D.
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;
E.
The Americans With Disabilities Act (ADA), which requires
access for handicapped persons in public places and work places, deems
impaired respiratory function a disability;
F.
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
G.
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.
§ 151-2 Definitions.
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.
- PERSON
- 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.
- SMOKING
- The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.
§ 151-3 Smoking prohibited.
A.
Except as otherwise provided herein, smoking shall
be prohibited in the following places:
(1)
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.
(2)
Public areas of libraries, museums or the like which
are funded or partially funded by governmental agencies.
(4)
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]
§ 151-4 Signs.
"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.
§ 151-5 Enforcement.
[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.
§ 151-6 Violations and penalties.
A.
It shall be unlawful for any person to smoke in any
area where smoking is prohibited under this chapter.
B.
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.
C.
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.
D.
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]
§ 151-7 Construal of provisions.
No provision of this chapter shall be construed
or interpreted to allow smoking where it is otherwise restricted or
prohibited by other laws.