[HISTORY: Adopted by the Borough Council of the Borough of
Caldwell 3-1-2016 by Ord. No. 1317-16. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "No Smoking
Ordinance" of the Borough of Caldwell.
A.Â
Pursuant to N.J.S.A. 40:48-2, the governing body of a municipality
may make, amend, repeal, and enforce such other ordinances, regulations,
rules and by-laws not contrary to the laws of this state or of the
United States, as it may deem necessary and proper for the good of
government, order and protection of person and property, and for the
preservation of the public health, safety and welfare of the municipality
and its inhabitants, and as may be necessary to carry into effect
the powers and duties conferred and imposed by this subtitle, or by
any law; and
B.Â
Previous state legislation which prohibited municipalities from passing
strict local smoking laws that differed from the state standards was
repealed and the state now expressly authorizes municipalities to
enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63;
and
C.Â
N.J.S.A. 2C:33-13b also provides that the owner and/or operator of
a public place, such as public parks and recreational areas, may prohibit
smoking on such property; and
D.Â
The governing body recognizes the well-known health and safety risks
posed by smoking and finds that it is within the public interest to
prohibit smoking in public buildings and on Borough-owned public property,
such as public parks and recreation areas; and
E.Â
The governing body also finds that the appearance of parks and recreation
areas can be enhanced and the limited resources of the Borough's
Department of Public Works can be conserved if smoking were banned
from such areas, thereby keeping such areas free of the litter typically
generated by the smoking of cigarettes, such as cigarette butts, ashes
and packaging.
As used in this chapter, the following words and phrases shall
have the following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
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.
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.
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.
A.Â
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 chapter. 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.
B.Â
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 both on the building and at the thirty-five-foot
perimeter of the front entrance of all municipal buildings where smoking
is prohibited by this chapter. 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.
C.Â
Smoking shall be prohibited in all public parks and recreation facilities
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, which have been designated with no-smoking signs.
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 Chapter. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrasts 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.
D.Â
Smoking shall be prohibited in all vehicles registered to the Borough
of Caldwell.
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.
A.Â
Unless another penalty is expressly provided by New Jersey statute,
every person convicted of a violation of any section of this chapter
or any supplement hereto shall be subject to a fine not less than
$250 for the first offense and a fine not less than $500 for each
subsequent offense.
B.Â
Any municipal employee found in violation of this chapter may, in
addition to the violation and penalties set forth herein, be subject
to discipline in accordance with the provisions of the Borough of
Caldwell's policies and procedures.
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.
