City of Estell Manor, NJ Chapter 310 Smoking and Tobacco Products

[HISTORY: Adopted by the City Council of the City of Estell Manor as indicated in article histories. Amendments noted where applicable.]

Article I Smoke-Free City-Owned Property

[Adopted 3-11-2015 by Ord. No. 04-2015]

§ 310-1 Definitions.

Whenever used in this article, the following terms shall have the following meanings:

CITY BUILDINGS AND IMPROVEMENTS

All lands, structures owned, leased, rented and/or operated by the City of Estell Manor, and/or occupied by the City employees which are open to the public or to which the public may be invited.

ELECTRONIC SMOKING DEVICE

The use of an electronic device that can be used to deliver nicotine or other substance to the person inhaling the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe. This definition shall not include any medically prescribed inhalation devices, including, but not limited to, inhalers, respirators, or oxygen tanks.

SMOKING

The burning or inhaling the smoke from, exhaling the smoke from, or possession of a lighted cigar, cigarette, cigarillo or pipe or any other matter or substance which contains tobacco.

TOBACCO PRODUCT

Any product containing tobacco or nicotine, including, but not limited to, electronic cigarette cartridges.

§ 310-2 Smoking or use of tobacco products prohibited on City property on which a public building or other improvements are constructed; designated smoking areas.

A. No person shall engage in smoking or the use of tobacco products while on the grounds upon which are constructed City buildings and/or improvements, including contiguous properties owned, leased, rented and/or operated by the City of Estell Manor regardless of whether any City building and improvement is constructed thereon.

B. Smoking optional areas. Notwithstanding the prohibitions contained in the foregoing provisions, outdoor smoking areas may be designated by the City by resolution of same. Smoking areas, once approved, shall bear signs specifically designating that they are smoking areas. Smoking areas shall be clear of any public entrance or exit areas of any public buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems. Except as approved by resolution, no smoking shall be permitted in any other areas of any public buildings and grounds.

§ 310-3 Signage.

The City of Estell Manor shall post and maintain appropriate signage throughout all City buildings and upon all City-owned property advising all persons regarding the prohibiting of smoking upon said property.

§ 310-4 Enforcement.

A. This article shall be enforced by City of Estell Manor, the City Code Enforcement Officer, or any other person charged with the enforcement of ordinances in the City of Estell Manor.

B. It shall be unlawful for any person to willfully oppose, verbally abuse or otherwise obstruct any person in the enforcement of this article.

C. Citizens may bring complaints against violators of this article.

§ 310-5 Violations and penalties.

Any person found to be violation of this chapter shall be issued a summons and complaint for the violation. Any person found guilty of this chapter shall be fined $100 plus court costs, except that any person found guilty of or pleading guilty to a first violation of this chapter may be sentenced to not less than 10 hours of community service.