[HISTORY: Adopted by the City Council of the City of Passaic 7-17-2012 by Ord. No.
1907-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
251, Smoking, comprised of Art. I, Council Chambers, adopted 3-3-1983
by Ord. No. 729-83, as amended.
As used in this chapter, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
All structures owned, leased, rented and/or operated by the
City of Passaic, and/or occupied by City employees and used for official
business of the City of Passaic.
All public parks, playgrounds and ball fields publicly owned
or leased by the City of Passaic and all property owned or leased
by the City of Passaic 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.
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, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
A.Â
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 chapter. 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.
B.Â
Smoking shall be prohibited within a thirty-five-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 thirty-five-foot
perimeter of the front entrance of all municipal buildings where smoking
is prohibited by this chapter. 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.
C.Â
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the City of Passaic and all property owned or leased
by the City of Passaic 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 chapter. 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.
D.Â
Smoking shall be prohibited in any vehicle registered to the City
of Passaic.
The enforcement authority of this chapter shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the City of Passaic.
Any person who violates any provision of this chapter 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.
Any municipal employee found in violation of this chapter may also
be subject to discipline in accordance with the provisions of the
City of Passaic's policies and procedures.