[Adopted 11-8-2010 by Ord. No. BOH 10-01; amended in its entirety 9-14-2020 by Ord. No. 20-12]
[Amended 5-10-2021 by Ord. No. 21-10]
A. 
Definitions. As used in this article, the following words shall have the following meanings:
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
Includes all structures owned, leased, rented and/or operated by the Borough of Chatham and/or occupied by Borough employees and used for official business of the Borough.
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, publicly owned or leased by the Borough of Chatham, and all property owned or leased by the Borough of Chatham upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance containing tobacco, marijuana/cannabis, hash, or any other matter or substance that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
B. 
Prohibition of smoking in public places; signs.
(1) 
Smoking shall be prohibited in all municipal buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
(2) 
Smoking shall be prohibited within a fifty-foot radius of the front entrance of all municipal buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the fifty-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
(3) 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Borough of Chatham and all property owned or leased by the Borough upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
(4) 
Smoking shall be prohibited in any vehicle registered to the Borough of Chatham or leased or rented by the Borough.
(5) 
Discarding of products, materials and devices used for smoking, such as cigarette butts, cigar stubs, and similar detritus, within the areas described in Subsection B(1) through (4), above, is also prohibited by this article.
C. 
Enforcement. The enforcement authority of this article shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department.
Any person violating any provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in N.J.S.A. 26:3D-62(a) and (f).