Borough of Beach Haven, NJ
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2023-12-28
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Part II, General Legislation
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Chapter 171 Smoking
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Administrative Code
- Ch 5 Claims Approval
- Ch 8 (Reserved)
- Ch 10 Environmental Commission
- Ch 11 False Alarms
- Ch 12 Fire Company
- Ch 13 First Aid Squad
- Ch 19 Land Use Administration
- Ch 23 Municipal Housing Liaison
- Ch 27 (Reserved)
- Ch 30 Police Department
- Ch 35 Salaries and Compensation
- Ch 38 Sewer Utility
- Ch 40 (Reserved)
- Ch 41 Historic Preservation Advisory Commission
- Ch 42 Volunteer Incentives
- Part II, General Legislation
- Ch 43 Affordable Housing
- Ch 45 Alcoholic Beverages
- Ch 48 Amusements
- Ch 51 Animals
- Ch 55 Beaches, Use of
- Ch 57 Beach Protection
- Ch 59 Bicycles
- Ch 61 Boat Ramps, Municipal
- Ch 63 Body Piercing
- Ch 65 Buildings, Numbering of
- Ch 66 Buildings, Unfit
- Ch 68 Chemical Applications
- Ch 71 Cisterns and Dry Wells
- Ch 74 Construction Codes, Uniform
- Ch 77 Curfew
- Ch 81 Dock, Public
- Ch 81A Docks, Use of Leased
- Ch 84 Drug-Free Zones
- Ch 90 Fees
- Ch 95 Fire Prevention
- Ch 98 Fireworks and Firearms
- Ch 101 Floodplain Management
- Ch 104 Food Establishments
- Ch 106 Games of Chance
- Ch 108 (Reserved)
- Ch 111 Hotel and Motel/Bed-And-Breakfast Room Occupancy Tax
- Ch 112 Houseboats
- Ch 117 Library
- Ch 120 Licenses
- Ch 123 Littering
- Ch 126 Loitering
- Ch 131 Newspaper Vending Machines
- Ch 134 Noise
- Ch 136 Nuisances
- Ch 137 Outdoor Dining
- Ch 138 Parking Lots, Municipal
- Ch 139 Parental Responsibility
- Ch 140 (Reserved)
- Ch 141 Peace and Good Order
- Ch 144 Peddling and Soliciting
- Ch 145 Pickleball Courts, Municipal
- Ch 146 Plumbing
- Ch 148 Poolrooms and Billiard Parlors
- Ch 151 Property Maintenance
- Ch 152 Property, Vacant or Abandoned
- Ch 153 Public Records
- Ch 154 Public Health, Safety and Welfare
- Ch 154A Public Health, Safety and Welfare: Emergency Management
- Ch 155 Rental Property
- Ch 157 (Reserved)
- Ch 158 Sales, Private
- Ch 160 Sewage and Waste Disposal
- Ch 163 Sewers and Sewer Utility
- Ch 167 Site Plan Review
- Ch 171 Smoking
- § 171-1 Definitions.
- § 171-2 Smoking prohibited.
- § 171-3 Enforcement.
- § 171-4 Violations and penalties.
- Ch 172 Soil Erosion and Sediment Control
- Ch 173 Solid Waste
- Ch 174 Special Events and Block Parties
- Ch 176 Streets and Sidewalks
- Ch 177 Stormwater Management
- Ch 179 Subdivision of Land
- Ch 180 Swimming Pools
- Ch 182 Taxicabs, Limousines and Jitneys
- Ch 184 Tennis Courts, Municipal
- Ch 187 Towers
- Ch 189 Trailers and Campers
- Ch 192 Trespassing
- Ch 194 Unregulated Substances, Sale of
- Ch 196 Vehicles, Abandoned
- Ch 199 Vehicles and Traffic
- Ch 204 Water
- Ch 209 Wild Bird Refuge
- Ch 210 Wildlife Feeding
- Ch 212 Zoning
- Ch 213 Single-Use Plastic Carryout Bags
- Appendix
- Ch A216 Lands Dedicated for Public Use
- Ch A217 Street Acceptances and Vacations
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Board of Commissioners (now Borough
Council) of the Borough of Beach Haven 2-8-2010 by Ord. No. 2010-1.
Amendments noted where applicable.]
As used in this chapter, 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, cannabis and/or other
similar products; the use of e-cigarettes or vape products.
[Amended 7-8-2019 by Ord. No. 2019-24C; 9-13-2021 by Ord. No. 2021-31C]
[Amended 5-9-2016 by Ord.
No. 2016-10C]
A.
The Borough does hereby specifically prohibit smoking in any recreation
or park area or on or in any Borough-owned property. For purposes
of this chapter, the smoking prohibition shall not apply to parking
areas surrounding the designated areas.
B.
Smoking on the beachfront, beach, or beach access pathways, including
areas within 15 feet of the beach access pathways, is hereby prohibited.
Permanent signs may be erected to notify and remind the public where
smoking is prohibited.
C.
The Borough
does hereby specifically prohibit smoking in any outdoor dining areas
within the boundaries of the Borough of Beach Haven.
[Added 7-8-2019 by Ord. No. 2019-24C]
This chapter shall be enforced by any member of the Beach Haven
Police Department.
A violation of this chapter shall be punishable for a first
offense with a fine not to exceed $50, or by community service of
not more than two days; for a second offense within the same calendar
year, punishable by a fine of not more than $100, or by community
service of not less than five days; and for a third offense within
the same calendar year, be punishable by a fine of not less than $200,
or by community service of not less than 10 days or any combination
of fine and community service as determined in the sole discretion
of the Municipal Court Judge.
