[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont 12-1-2015 by Ord. No. 1494. Amendments noted where applicable.]
Parks and playgrounds — See Ch. 283.
The Mayor and Council of the Borough of Dumont hereby find and determine that:
The smoking of tobacco products is a major contributor to indoor air pollution and breathing secondhand smoke is a cause of disease to nonsmokers;
Reliable studies have shown that environmental tobacco smoke is a cause of cardiovascular disease, impaired respiratory function and asthma;
The United States Department of Environmental Protection (USEPA) has designated secondhand smoke as a Class A carcinogen as well as a significant cause of respiratory problems in children;
The U.S. Surgeon General has found that the active smoking of tobacco products and the passive inhalation of environmental tobacco smoke are the most prevalent causes of preventable death, disease and disability;
The U.S. Surgeon General has found that separating smokers from nonsmokers within the same air space does not eliminate the exposure of nonsmokers to environmental tobacco smoke;
The State of New Jersey has acknowledged that careless smoking is the leading cause of death from fire;
Smoking leads to the inevitable discard of tobacco products and a source of litter by those who fail to properly dispose of cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form; and
The State Legislature has deemed the control of smoking to be a necessary and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1 et seq., N.J.S.A. 40:48-2 et seq., N.J.S.A. 26:3D-46 et seq., and N.J.S.A. 2C:33-13 for the preservation of public health, safety and welfare of the community.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMON AREA
- The walkways, lawns, yards, gardens of any public building and all accessory structures, improvements or appurtenances used for the management, operation, or maintenance of the public building.
- Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- PUBLIC BUILDING
- Any building, structure, facility or complex used by the general public, or to which the general public is invited, which is owned, leased, operated or under the ownership or control of the Borough of Dumont. (Dumont Board of Education has its own policy.)
- The inhaling, exhaling, burning, or possession of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form, including the vapor from electronic smoking devices.
Except as otherwise provided herein, smoking shall be prohibited in the following places:
Every room, chamber, lobby, hallway, restroom, plaza, and other common areas in and upon any public building;
Any entrance or exit areas of any public buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems;
Any vehicles owned and/or leased, in part or entirely, by the Borough of Dumont; and
On any public property, including parks, recreation areas, playgrounds, and swimming pools. This prohibition on smoking shall not apply to individuals in privately owned vehicles, provided that all debris is retained within the vehicle.
"Smoking" or "No Smoking" signs, as appropriate, or the international, "No Smoking" symbol (a picture of a burning cigarette inside a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or such other person in control of every public building where smoking is controlled by this chapter. The color of such signs, when not of the international type, shall have letters that are distinct, contrasting to the background and easily read. Letters shall have a minimum height of 3/4 inch and should be posted in English. The "No Smoking" signs shall be posted, at a minimum, on every doorway which provides an entry to the building. The "Smoking" signs shall be posted only in those areas so designated by the governing body, as provided by this chapter.
The provisions of this chapter shall be enforceable by a police officer, employee or elected official of the Borough of Dumont, as well as by any other individual who observes a violation. Any person seeking to enforce the provision of this chapter shall be authorized to file a complaint with the Police Department of the Borough of Dumont.
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.
Unless a greater fine is permitted under N.J.S.A. 26:3D-56 et seq., for smoking in specific areas defined therein, in which case such higher level of fine shall be imposed, any person who smokes in an area in which smoking is prohibited hereunder shall be guilty of a disorderly persons offense and subject to a maximum fine of $200 for each violation pursuant to N.J.S.A. 2C:33-13.
Any person found guilty defacing, tampering with or removing "No Smoking" or "Smoking" signs which are required by this chapter shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
Any juvenile adjudicated to have violated the provisions of this article shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this chapter.