[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and public lands — See Ch. 308.
[Adopted 9-22-1998 by Ord. No. 1230]
[Amended 9-24-2018 by Ord. No. 18-19]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
An electronic or other powered 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 and pipe.
PUBLIC BUILDINGS
All municipal offices, public schools, including school property, and any and all buildings owned and/or operated by the Borough of River Edge.
PUBLIC PLACE
Any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the Borough and maintained for use by the general public.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigarette, cigar, pipe or any other matter or substances which contain tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
[Amended 9-24-2018 by Ord. No. 18-19]
A. 
It shall be unlawful for any person under the age of 21 years to smoke or use a tobacco product or electronic smoking device product in or on any public place, public building, public school or school property or to possess any pack, container holding a tobacco product or electronic smoking device product.
B. 
This article shall not apply to a minor smoking or using a tobacco product in a nonpublic place.
Violations by a minor of this article will be enforced as follows:
A. 
First offense.
(1) 
A verbal warning will be given to the offender. The offender's name, date of birth, address, telephone number and name and address of his or her parent(s) or guardian(s) will be noted, together with any information pertinent to the preparation of a juvenile reprimand card.
(2) 
Information relative to this warning will be forwarded to the Juvenile Officer. The minor's parent(s) or guardian(s) will be notified of the violation.
B. 
Second offense. Pertinent juvenile card information will be taken, including, but not limited to, the offender's name, address, date of birth, telephone number and the name and address of his or her parent(s) or guardian(s). An incident report will be prepared. Information regarding the incident will be forwarded to the Juvenile Officer. The Juvenile Officer or his or her designee will notify the juvenile's parent(s) or guardian(s). The Juvenile Officer will determine and suggest at a parent/guardian meeting any self-help program offered locally or any other positive initiatives.
C. 
Third and subsequent offenses. Pertinent juvenile card information will be taken, including, but not limited to, the offender's name, address, date of birth, telephone number and the name and address of his or her parent(s) or guardian(s). An incident report will be prepared. Information regarding the incident will be forwarded to the Juvenile Officer. The Juvenile Officer will determine an appropriate action, which could include, but not be limited to, a station house adjustment and juvenile petition to the court of appropriate jurisdiction.
Nothing in this article will or is intended to supersede any penalty or action authorized by N.J.S.A. 2A:170-51, N.J.S.A. 2C:33-13 or any other applicable statute.