[Adopted 8-19-2014 by Ord. No. 6-2014]
The purpose of this article is to protect the health, safety and welfare of the general public pursuant to N.J.S.A. 40:48-1 et seq., 26:3D-46 et seq., and 2C:33-13 by prohibiting smoking in certain areas of the Borough.
Editor's Note: N.J.S.A. 26:3D-46 through 26:3D-54 were repealed by L.2005, c. 383, § 11, effective 4-15-2006.
As used in this article, the following terms shall have the meanings indicated:
- PARKS AND RECREATION FACILITIES
- Includes all public parks, playgrounds, ball fields, playing fields, recreational areas and recreational facilities that are publicly owned or leased by the Borough of Tuckerton, all areas adjacent to such parks and recreation facilities, including, but not limited to, any seating areas, parking areas, paths, walkways, driveways, or drive aisles.
- Any individual, partnership, cooperative association, private corporation personal representative, receiver, trustee, assignee or any other legal entity.
- 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 or substance which contains tobacco or any other matter that can be smoked.
Smoking and/or the carrying of a lighted cigarette, cigar, pipe or other combustible substance, in any matter or any form, shall be prohibited at all times, in and on all Borough parks and recreation facilities.
"No smoking" or "smoke free" signs, or the international "no smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this article. The color of such signs, when not of the international type, shall have letters that are distinct, contrasting to the background and easily read, indicating that smoking is prohibited. The sign shall also indicate that violators are subject to a fine.
The provisions of this article shall be enforceable by a police officer as well as by any other individual who observes a violation. Any person seeking to enforce the provisions of this article shall be authorized to file a complaint in the Municipal Court of the Borough of Tuckerton.
It should be unlawful for any person to smoke in any area where smoking is prohibited under this article.
Unless a greater fine is permitted under N.J.S.A. 26:3D-56 et seq., for smoking in specific areas defined therein, in which case such higher level of fine shall be utilized, any person who smokes in an area in which smoking is prohibited shall be guilty of a disorderly persons offense and subject to a maximum fine of $200 for each violation pursuant to N.J.S.A. 2C:33-13.
Any person who violates any provision of this article 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 article may also be subject to discipline in accordance with the provisions of the Borough of Tuckerton's policies and procedures.
Any person found guilty of defacing, tampering with or removing "no smoking" or "smoking" signs which are required by this article shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
Any juvenile adjudicated to have violated the provisions of this article shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this article.