[Ord. #34, Preamble]
Cigarette smoking has been identified as a significant and preventable health hazard, and as a probable addictive practice with serious consequences, especially for minors. The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors under N.J.S.A. 2A:170-51.
Substantial evidence exists that despite such laws, minors continue to purchase and use tobacco products. The existing State Statute N.J.S.A. 26:3D-15 restricts smoking on the premises of educational institutions and such smoking restrictions do not currently apply to public right-of-way areas and public properties surrounding educational institutions. The Ramsey Board of Health is authorized to enact ordinances not contrary to the laws of this State or of the United States as it may deem necessary and proper for the protection and preservation of the public health and a substantial and legitimate public purpose exists for this Board to act to further promote and protect the health, of its inhabitants, especially minors, by proscribing accessibility of cigarettes.
[BH Ord. #34 § 1]
It shall be unlawful for students enrolled in elementary and secondary educational institutions to use or possess in plain public view a cigarette or any other tobacco products within the public right-of-way area and on any public properties within a radius of 1,000 feet of any elementary or secondary educational institution property when classes or other student activities are in session and one hour before and one hour after such activities.
[BH Ord. #34 § 2]
Whenever the Borough Health Officer, Borough Sanitarian or member of the Borough Police Department reasonably believes there exists a violation of this chapter, such person may issue a summons and complaint not later than 30 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
[BH Ord. #34 § 3]
The Borough Health Officer, Borough Sanitarian or member of the Borough Police Department, after giving proper identification, may inspect any matter, thing, incident, or event as necessary.
[BH Ord. #34 § 4]
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Borough Health Officer, Borough Sanitarian or member of the Borough Police Department in the enforcement of this chapter.
[BH Ord. #34 § 5]
Citizens may bring complaints against violators of this chapter.
[BH Ord. #34 § 6]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $25 nor more than $100 for each offense. For a first offense, the Judge of the Municipal Court may, in lieu of a monetary penalty, impose a period of community service not to exceed 10 days. Complaint shall be made in the Municipal Court of the Borough of Ramsey or before such other judicial officer having authority under the law of the State of New Jersey.
[BH Ord. #34 § 7]
If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared to be unenforceable or invalid for any reason whatsoever, such decision or declaration shall not affect the remaining portions of this chapter which shall continue in full force and effect; and to this end, the provisions of this chapter are hereby declared to be severable.