[Adopted 12-9-2008 by Ord. No. 4168-08]
Editor's Note: This ordinance repealed former Art. I, Smoking Prohibited on School Grounds, adopted 3-9-1999 by Ord. No. 3420-99.
As used in this article, the following terms shall have the meanings indicated:
- The use of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco and/or other similar products.
Any school board having a public school building or public school property located within the Township of Toms River and any private school having a school building or property located within the Township of Toms River shall make and enforce regulations to prohibit the use of tobacco products anywhere in its building and on its grounds except as part of a classroom instruction or theatrical production. The regulations shall also provide for additional specified limitations regarding smoking on the school grounds as designated by the respective schools.
The Superintendent of the school district or his or her designee or any other person having control of school property or any agent thereof or a police officer or other public servant engaged in the execution or enforcement of this article, or any other citizen, may sign a complaint against any individual for violation of the provisions of this article.
Every public entrance to each school within the Township of Toms River shall be posted by a person who has control of the building with a sign indicating that the use of tobacco products is prohibited in the building. The sign shall further indicate that violators are subject to a fine and/or punishment, including but not limited to community service. This sign shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign. Similar signs shall be posted at visually accessible sites on the boundaries of the school property.
Any person who violates this article shall appear before the Toms River Township Municipal Court and shall be subject to punishment as follows:
First offense: up to 15 hours of community service at a place designated by the Municipal Court.
Second offense: up to 30 hours of community service in a place designated by the Municipal Court and/or a fine up to $100.
Third and subsequent offense: up to 50 hours of community service in a place designated by the Municipal Court and/or a fine up to $250.
Community service may include participation in a nonsmoking educational or support program approved by the Municipal Court.