[HISTORY: Adopted by the Board of Health of the Township
of Freehold as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Cigarette vending machines — See Ch. 107.
[Adopted 10-8-2015 by Ord. No. BH-15-02]
The purpose of this article is to protect the health, safety
and welfare of the general public pursuant to N.J.S.A. 40:48-2 by
prohibiting smoking in certain areas of the Township.
As used in this article, the following terms shall have the
meanings indicated:
All public parks, playgrounds, and ball fields, publicly
owned or leased by the Township of Freehold, and all property owned
or leased by the Township of Freehold 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 lane.
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 any electronic
smoking device.
A.
Smoking is hereby prohibited in all municipal parks and recreational
facilities owned, leased or rented by the Township.
B.
Notice of the prohibitions contained in this article shall be conspicuously
posted by signs stating "No Smoking" and shall reference the applicable
Code provisions.
C.
"No Smoking" signs or the international no-smoking symbol 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 indicate that violators are subject to fine. It shall not
be a defense to a charge under this article that the accused did not
see such signs.
This article shall be enforced by the Police Department of the
Township, the Township Health Officer, the Township Fire Official,
the Township Code Enforcement Officer, any Township Recreation Department
employee and/or any Township Recreation Commissioner.
No person shall remove or deface any no-smoking sign or symbol
from any areas to which this article applies, except in the performance
of his/her official duties as a Township employee or official.
Any person who is found to be in violation of the provisions
of this article shall be subject to a fine not to exceed $1,250, and/or
community service of not more than 90 days, and/or by a term of imprisonment
not to exceed 90 days in the Monmouth County Jail, or any combination
of fine, community service and imprisonment, as determined in the
discretion of the Municipal Court Judge.
