[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 No. 86-37, was repealed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:
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.
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]
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
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.