The health, litter, refuse and debris hazards and burdens referenced
above are sufficient reasons for action to attempt to reduce and eliminate
such problems at the locations indicated.
Smoking of any kind shall be and hereby is prohibited at all such locations referenced above, except as may be permitted iii designated areas pursuant to rules and regulations referenced in §
214-6 below.
"Smoking" shall be defined as the act of lighting by fire by any means,
and/or the act of inhaling, exhaling, burning, or carrying any lighted smoking
product, including but not limited to a cigarette, cigar, pipe, tobacco, weed,
plant or other vegetation or similar material.
It shall also be unlawful to discard litter, refuse and debris as described
above at such locations.
The Recreation Commission of the City of Somers Point shall have the
power and obligation to prepare reasonable rules and regulations and amendments
thereto intended to notify the public by signage and other means, and to encourage
compliance by the public with the smoking and smoking material litter prohibitions.
Such rules and regulations may include the designation of specific areas where
smoking may occur.
Any person violating any of the no smoking and smoking materials littering
terms of this chapter may be required by any member of the City's Recreation
Commission, or the City's Police Department, to remedy the situation
immediately in the following manner:
A. Stop smoking in the locations referenced above.
B. Pick up, remove, and dispose of smoking materials litter
created by him or her into a proper receptacle.
C. Leave the locations referenced above if he or she wishes
to continue smoking.
The City's Police Department may charge the violator with the offense
of violation of this chapter, said offense to be listed and heard in Municipal
Court, the fine for which in the event of a finding of guilty shall be not
less than $25 for a single offense, and not more than $100 for more than a
single offense, as shall be determined in the discretion of the Municipal
Court Judge. Nothing herein shall preclude the Police Department from charging
a violator with a charge or charges of violation under any other ordinance
or law of the State of New Jersey that may apply to the offense; in addition
to or as an alternative to a charge or charges under this chapter.