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.
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.
"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; 7-13-2022 by Ord. No. 15-2022]
The provisions of this article shall be enforceable
by a police officer, employee or elected official or code enforcement
officer of the Township of Pemberton, the Burlington County Health
Department, 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 or
the Township of Pemberton. Any person seeking to enforce the provision
of this ordinance shall be authorized to file a complaint in the Municipal
Court of the Township of Pemberton.
No provision of this chapter shall be construed
or interpreted to allow smoking where it is otherwise restricted or
prohibited by other laws.