[HISTORY: Adopted by the Township Council of the Township
of Clark as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-20-2003 by Ord. No. 03-29 (Sec. 3-26 of the 2002
Revised General Ordinances)]
[Amended 3-19-2018 by Ord. No. 18-06]
The burning of a lighted cigar, cigarette, pipe, electronic
smoking device or any other matter or substance which contains tobacco
is hereby prohibited in all school buildings, administration buildings,
accessory buildings and other properties, improved or unimproved,
owned or under the jurisdiction of the Board of Education of the Township
of Clark and existing within the Township of Clark.
The article shall be enforced by the Police Department of the
Township of Clark pursuant to the consent and concurrence of the Board
of Education of the Township of Clark as the same is granted pursuant
to the attached resolution of consent and concurrence.[1]
[1]
Editor's Note: Said resolution of consent and concurrence
is on file in the office of the Township Clerk.
[Amended 1-17-2012 by Ord. No. 12-01]
Such signage and posting required by the New Jersey Smoke-Free
Air Act, N.J.S.A. 26:3D-55 et seq., in order to implement the provisions
of the aforesaid sections shall be installed as required by law and
pursuant to the provisions of N.J.S.A. 26:3D-55 et seq. at all appropriate
places, including entrances to all properties referenced herein.
The properties which are the subject of this article and as
to which smoking is prohibited are as specified on Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the office of
the Township Clerk.
[Amended 1-17-2012 by Ord. No. 12-01]
Any person who violates this article shall, upon conviction
thereof, be liable to the penalty stated in the New Jersey Smoke-Free
Air Act, N.J.S.A. 26:3D-55 et seq.
[Adopted 7-21-2008 by Ord. No. 08-10]
[Amended 3-19-2018 by Ord. No. 18-06]
The smoking of cigars, cigarettes, pipes, electronic smoking
devices, and other materials is not permitted in the areas designated
herein as areas in Subsections A through E, except in designated smoking
areas.
A.
The Clark Township Municipal Complex, including all buildings, athletic
fields, basketball courts and recreation areas located at 430 Westfield
Avenue.
B.
The Clark Township Public Safety Building, library and Township lands
located at 315 Westfield Avenue.
C.
The Clark Township public parks and all buildings located at Bartell
Park, Bienko Park, Fun Time Junction, Peter Nevargic Park and Veterans
Park.
D.
The Clark Municipal Pool Utility, including the buildings, cabanas,
rest rooms or on the outdoor campus, and the Township of Clark specifically
determines that the pool facility, inclusive of the outdoor areas
within its structural enclosure and fencing, is a public place subject
to the regulation.
E.
The Clark Township athletic and recreation fields and all buildings
located at Bosze Field, Curry Field and Dolan Field.
[Amended 3-19-2018 by Ord. No. 18-06]
As used in this article, the following terms shall have the
meanings indicated:
As set forth in N.J.S.A. 26:3D-57, including any electronic
device that can be used to deliver nicotine or other substances inhaled
from the device, including but not limited to, an electronic cigarette,
cigar, cigarillo, or pipe, are also prohibited under the terms of
this article.
As set forth in N.J.S.A. 26:3D-57; means the burning of,
inhaling from, exhaling the smoke from, or the possession of a lighted
cigar, cigarette, pipe or any other matter or substance which contains
tobacco or any other matter that can be smoked. Smoking includes the
inhaling or exhaling of smoke or vapor from electronic cigarettes,
vaping devices, personal vaporizers, or any electronic nicotine delivery
system, or any device which simulates tobacco smoking.
The Township of Clark shall cause such signage as may be required
pursuant to the aforesaid statute to be posted so as to be clearly
visible, in accordance with N.J.S.A. 26:3D-61. All areas in which
smoking is permitted will be similarly identified, and appropriate
signage will be posted.
A.
This article
shall be enforced by the local Board of Health or the Clark Police
Department, and any person violating this article shall be subject
to a fine of not less than $250 for the first offense, $500 for the
second offense and $1,000 for each subsequent offense, and the Municipal
Court of the Township of Clark shall be vested with the jurisdiction
over any such proceedings.
B.
Any person found guilty of defacing or removing "no smoking" signs
which are required by this article shall be subject to a fine not
less than $200 nor more than $500, plus the cost of replacing the
sign. 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.
[Added 3-19-2018 by Ord. No. 18-06]
