Borough of Franklin Lakes, NJ Smoking

Any public park or recreation area, vacant land, public building, roadway or parking lot which is open to the public and is owned, leased or operated by the Borough, including vehicles within any such public area.

TOBACCO PRODUCT

Any product made from the tobacco plant, including cigarettes, cigars, chewing tobacco, pipe tobacco, and snuff, for the purpose of smoking, chewing, inhaling, and any other personal use.

§ 395-2 Smoking prohibited.

The use or possession of tobacco products by any person under the age of 19 years old within the public areas of the Borough is prohibited.

§ 395-3 Complaints.

A complaint for violation of this article may be filed by any law enforcement officer or the Borough's Health Officer.

§ 395-4 Violations and penalties.

A person under the age of 19 who violates the provisions of this article shall be subject to the following penalties:

First offense: a fine of $100 and/or educational projects designated by the Court.

Second and subsequent offenses: a fine of $300 and/or a period of community service and/or educational programs designated by the Court.

Article II Smoking in Public Areas

[Adopted 12-16-2014 by Ord. No. 1612[1]]

[1]

Editor's Note: This ordinance also repealed former Art. II, Smoking in Public Areas, adopted 12-21-2010 by Ord. No. 1506.

§ 395-5 Definitions.

As used in this article, the following words shall have the following meanings:

ENCLOSED AREA

All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.

MUNICIPAL BUILDINGS

Includes all structures owned, leased, rented and/or operated by the Borough, and/or occupied by Borough employees and used for official business of the Borough.

PARKS AND RECREATIONAL FACILITIES

All public parks, playgrounds, ball fields, publicly owned or leased by the Borough, and all property owned or leased by the Borough 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.

§ 395-6 Smoking prohibited 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 article. 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 on the building where smoking is prohibited by this article. 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.

[Amended 5-19-2015 by Ord. No. 1629]

Smoking shall be prohibited in all parks and recreation facilities 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 in all areas regulated by this article. 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 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.

§ 395-7 Smoking prohibited on certain streets.

Smoking or carrying lighted tobacco within the public areas located on the following streets is prohibited: Old Mill Road (from Lawlins Road to Arbor Road), Arbor Road, Hobar Court, Beechwood Place, Woodside Avenue (from Old Mill Road to Beechwood Place), Parsons Pond Road, Stonewall Court, Lenapi Drive, and Lawlins Road. This prohibition shall not apply to smoking or carrying lighted tobacco in a moving motor vehicle operating on the aforesaid roadways.

§ 395-8 Enforcement.

The enforcement authority of this article shall be the Police Department.

§ 395-9 Violations and penalties.

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's policies and procedures.