[Adopted 3-16-2015 by Ord. No. 15-04]
The following are the purposes of this article:
A. 
The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer. (See U.S. Department of Health and Human Services, the Health Consequences of Involuntary Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006.)
B. 
Smoking is the leading cause of death in the United States and the United State Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of the six top national healthcare priorities.
C. 
Pursuant to N.J.S.A. 40:48-1, North Brunswick is given the authority to adopt ordinances for the public health, safety and welfare of the Township, its citizens, residents and guests.
D. 
The New Jersey Smoke-free Air Act (N.J.S.A. 26:3D-63) specifically authorizes local restrictions on smoking "equivalent to, or greater than" those provided in the NJSFAA for purposes of "protecting public health."
As used in this article, the following terms shall have the following definitions:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco, cannabis, or any other matter that can be smoked, or the inhaling of smoke or vapor from an electronic smoking device.
[Amended 3-20-2023 by Ord. No. 23-06]
This Article III of Chapter 285 of the Code of the Township of North Brunswick shall be cross-referenced and incorporated by reference into Chapter 234 of the Code of the Township of North Brunswick entitled "Parks and Playgrounds" as new §§ 234-34 to 234-39.
Whenever the Director of the Department of Parks, Recreation and Community Services or his or her designee or a park patrolman or park personnel or any law enforcement personnel observes or reasonably believes that there exists a violation of this article, he or she may issue a summons and complaint to the violator. The complaint shall be written and served on the violator. Citizens of the Township may also bring private complaints for violation of this article.
[Amended 3-20-2023 by Ord. No. 23-06]
Individuals are prohibited from smoking at any public parks.
A. 
A notice shall be displayed in every park for visitors.
B. 
An individual that is in violation of this article due to cannabis is subject to a fine:
(1) 
First offense: $250.
(2) 
Second offense: $500.
(3) 
Subsequent offense: $1,000.
C. 
Violations may be issued by the sworn officers of the North Brunswick Police Department and officers of the North Brunswick Department of Health.