This chapter shall be known and may be cited as the "No Smoking
Ordinance" of the Borough of Caldwell.
As used in this chapter, the following words and phrases 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 AND GROUNDS
Shall include all structures and property owned, leased,
rented and/or operated by the Borough of Caldwell, and/or occupied
by Borough employees and used for official business of the Borough
of Caldwell.
PARKS AND RECREATIONAL FACILITIES
Shall include all public parks, playgrounds, ball fields,
publicly owned or leased by the Borough of Caldwell and all property
owned or leased by the Borough of Caldwell 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.
The enforcement authority of this chapter shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the Borough of Caldwell.
If any section or provision of this chapter shall be deemed
to be invalid by any court, the same shall not affect the other sections
or provisions of this chapter that can be given effect without the
invalid section or provision.
All ordinances or parts of ordinances held to be inconsistent
herewith are hereby repealed to the extent of such inconsistency.