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.
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.
PERSON
Any individual, partnership, cooperative association, private
corporation personal representative, receiver, trustee, assignee or
any other legal entity.
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 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.