[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art.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.
A.
Any person who violates this article shall appear before the Toms
River Township Municipal Court and shall be subject to punishment
as follows:
(1)
First offense: up to 15 hours of community service at a place designated
by the Municipal Court.
(2)
Second offense: up to 30 hours of community service in a place designated
by the Municipal Court and/or a fine up to $100.
(3)
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.
B.
Community service may include participation in a nonsmoking educational
or support program approved by the Municipal Court.
