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Township of Pennsauken, NJ
Camden County
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Table of Contents
Table of Contents
Code
New Laws (26) Index Notes (2)
[Amended 2-25-2015 by Ord. No. 2015:01]
[1]
Editor's Note: Former Art. II, Facilities Restricted to Residents, adopted 7-1-1986 by Ord. No. 86-37, was repealed 7-23-2003 by Ord. No. 03-29.
As used in this article, the following words shall have the following meanings:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
PARKS AND RECREATION FACILITIES
Includes all public parks, playgrounds, ballfields, playing fields, recreational areas and recreational facilities, that are publicly owned or leased by the Township of Pennsauken, upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activity, including all areas adjacent to such parks and recreation facilities, including, but not limited to, any seating areas, parking areas, paths, walkways, driveways, or drive aisles. Specifically excluded from this definition are the Pennsauken Public Pool, where smoking is only permitted in areas designated by signage, and Pennsauken County Club.
[Amended 5-27-2015 by Ord. No. 2015:09]
PERSON
Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
SMOKING
To smoke shall mean the burning of, inhaling and or the inhaling and exhaling the smoke and or vapor from or the possession of a lighted cigar, cigarette, e-cigarette, pipe, battery or electronic smoking device, or other paraphernalia that can be used to consume tobacco, e-liquid, cannabis, marijuana products of a tobacco-like substance. Tobacco products encompasses all smokeless tobacco, including, but not limited to, chewing tobacco; loose leaf tobacco; tobacco pellets; plug tobacco; twist or rope tobacco; dipping tobacco and dissolvable tobacco.
[Amended 4-15-2021 by Ord. No. 2021:11]
A. 
Smoking shall be prohibited by any person, regardless of age, in all public parks and recreation facilities owned or leased by the Township of Pennsauken and all property owned or leased by the Township of Pennsauken upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs, which areas are hereafter designated as "smoke- and tobacco-free places."
B. 
Smoking shall be prohibited in any municipal vehicle registered to the Township of Pennsauken.
No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all smoke- and tobacco-free places. The signs shall be clearly visible to the public and shall contain letters or a symbol, which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
The provisions of this article shall be enforceable by a police officer as well as by any other individual who personally observes a violation. Any person seeking to enforce the provision of this article shall be authorized to file a written complaint in the Municipal Court of the Township of Pennsauken. Acceptance of such a complaint is within the sound discretion of the Municipal Court in accordance with applicable rules of court.
A. 
Any person who violates any provision of this article shall be subject to a fine of not less than $200 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this article, in addition to the financial penalties provided herein, may also be subject to discipline in accordance with the provisions of the Township of Pennsauken policies and procedures.
B. 
Any person found guilty of defacing, tampering with or removing "No Smoking" or "Smoking" signs which are required by this article shall be guilty of a disorderly persons' offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
C. 
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.