Chapter 234: Smoking on Public Property

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 Borough of Maywood, and/or occupied by Borough employees and used for official business of the Borough of Maywood.

PARKS, RECREATIONAL FACILITIES AND SWIM POOL

All public parks, playgrounds, swim facilities and their surrounding areas, and ball fields publicly owned or leased by the Borough of Maywood and all property owned or leased by the Borough of Maywood 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 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.

§ 234-2 Prohibition of smoking in public places; signs.

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.

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.

Smoking shall be prohibited in all public parks, recreational areas and swim pool owned or leased by the Borough of Maywood and all property owned or leased by the Borough of Maywood 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.

Smoking shall be prohibited in any vehicle registered to the Borough of Maywood.

§ 234-3 Enforcement.

The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Borough of Maywood.

§ 234-4 Violations and penalties.

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 Borough of Maywood's policies and procedures.