[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.,[1] and 2C:33-13 by prohibiting smoking in certain areas of
the Borough.
[1]
Editor's Note: N.J.S.A. 26:3D-46 through 26:3D-54 were repealed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:
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.
A.
It should be unlawful for any person to smoke in any area where smoking
is prohibited under this article.
B.
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.
C.
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.
D.
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.
E.
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.
