[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-19-2007 by Ord. No. 936-07]
To promote the health and safety of the youth
of the Borough by prohibiting the use of tobacco products by individuals
under the age of 18 on or within 1,000 feet of a school within the
Borough.
As used in this article, the following terms
shall have the meanings indicated:
Any person under the age of 18.
Any and all properties owned by or leased to a public or
private elementary, middle or secondary educational institution within
the Borough which is used for school purposes, and shall include public
lands or public rights-of-way within a radius of 1,000 feet of such
school property. School zone shall not include private property where
there is no public right-of-way which may fall within 1,000 feet of
such school property.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or other personal use, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, and chewing tobacco
in any form.
It shall be unlawful for minors to use, or to
possess in plain public view, any tobacco product within a school
zone within the Borough.
Unless otherwise provided by law, statute or
ordinance, any person violating any of the provisions of this article,
upon conviction thereof and in the discretion of the municipal court
judge, shall pay a penalty of not less than $25, and not more than
$100 for each offense. In addition, penalties for repeat violations
under this article, not to include the first offense, may be in the
form of community service, not to exceed 15 hours for a second offense
and not to exceed 30 hours for any subsequent offense.
[Adopted 9-2-2014 by Ord.
No. 1074-14]
The Mayor and Council of the Borough of Old Tappan hereby find
and determine that:
A.
The smoking of tobacco products is a major contributor to indoor
air pollution and breathing secondhand smoke is a cause of disease
to nonsmokers;
B.
Reliable studies have shown that environmental tobacco smoke is a
cause of cardiovascular disease in nonsmokers and that breathing environmental
tobacco smoke is a significant health hazard for children, the elderly,
and individuals with cardiovascular disease, impaired respiratory
function and asthma;
C.
The United States Department of Environmental Protection Agency (USEPA)
has designated secondhand smoke as a Class A carcinogen as well as
a significant cause of respiratory problems in children;
D.
The U.S. Surgeon General has found that the active smoking of tobacco
products and the passive inhalation of environmental tobacco smoke
are the most prevalent causes of preventable death, disease and disability;
E.
The U.S. Surgeon General has found that separating smokers from nonsmokers
within the same air space does not eliminate the exposure of nonsmokers
to environmental tobacco smoke;
F.
The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire;
G.
Smoking leads to the inevitable discard of tobacco products and a
source of litter by those who fail to properly dispose of cigar, cigarette,
pipe or other combustible tobacco products in any manner or in any
form;
H.
The State Legislature has deemed the control of smoking to be a necessary
and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1
et seq., 40:48-2, et seq., 26:3D-46 et seq.[1] and 2C:33-13 for the preservation of public health, safety
and welfare of the community.
[1]
Editor's Note: N.J.S.A. 26:3D-46 to 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:
The walkways, parking areas, driveways, lawns, yards, gardens
of any public building and all accessory structures, improvements
or appurtenances used for the management, operation or maintenance
of the public building.
All public parks, pools, golf courses (except that smoking
shall not be prohibited on the outside deck of the Clubhouse of the
Old Tappan Golf Course), playgrounds, ball fields, publicly owned
or leased by the Borough of Old Tappan and all property owned or leased
by the Borough of Old Tappan 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.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any building, structure, facility or complex used by the
general public, or to which the general public is invited, including
appurtenant parking areas, which is owned, leased, operated or under
the ownership or control of the Borough of Old Tappan or the Old Tappan
Board of Education.
A.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
(1)
Every room, chamber, lobby, hallway, restroom, plaza, and other common
area in and upon any public building;
(2)
Within a thirty-five-foot radius of any entrance or exit area of
any public building where smoke may enter the air people breathe through
such entrances, exits, windows or ventilation systems;
(3)
Any vehicles owned and/or leased, in part or entirely, by the Borough
of Old Tappan;
(4)
On or in any parks and recreation facilities.
B.
This prohibition on smoking shall not apply to individuals in privately
owned vehicles, provided that all debris is retained within the vehicle,
nor shall it apply to the deck outside the Clubhouse at the Old Tappan
Golf Course.
"Smoking" or "no smoking" signs, as appropriate, 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 and conspicuously
posted by the owner, operator, manager, employer or such other person
in control of every public building where smoking is controlled 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. Letters shall have a minimum height of 3/4 of an
inch and should be posted in English and such other languages as the
governing body approves. The "no smoking" signs shall be posted, at
a minimum, on every doorway which provides an entry to the building.
The "smoking" signs shall be posted only in those areas so designated
by the governing body provided by this article.
The provisions of this article shall be enforceable by a police
officer, employee or elected official of the Borough of Old Tappan,
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 Old Tappan.
A.
It shall 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 subject to a maximum
fine of $200 for the first offense, $400 for the second offense and
$750 for a third or subsequent offense.
C.
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 $500, plus the cost of replacing the sign.
D.
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.
