[HISTORY: Adopted by the Township Council of the Township of Ewing as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-2016 by Ord. No. 16-12][1]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 251, but was renumbered to maintain the organizational style of the Code.
As used in this article, the following words shall have the following meanings:
CANNABIS
“Cannabis” as defined under the Jake Honig Compassionate Use Medical Cannabis Act, N.J.S.A. 24:6I-2 et seq., and “cannabis item” as defined under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A 24:6I-31 et seq. This definition shall not include the non-smoking, vaporizing or aerosolizing of cannabis or cannabis items.
[Added 7-27-2021 by Ord. No. 21-17]
ENCLOSED FACILITY
All space between a floor and a ceiling that is enclosed on all sides by solid walls or windows and extending to the outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
Includes all structures owned, leased, rented and/or operated by the Township of Ewing and/or occupied by Township of Ewing employees and used for official business of the Township of Ewing.
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, publicly owned or leased by the Township of Ewing and all property owned or leased by the Township of Ewing 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
Includes 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, cannabis, or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Amended 7-27-2021 by Ord. No. 21-17]
STRUCTURES
Means but is not limited to refreshment stands, playground equipment, bleachers, baseball diamond dugouts, pools, pool shade structures and pavilions.
A. 
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 or structure where smoking is prohibited by this article. 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 therein. The sign shall also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a one-hundred-foot radius of any entrance to any municipal building. 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 one-hundred-foot perimeter of the entrance of all municipal buildings where smoking is prohibited by this article. 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 therein. The sign shall also indicate that violators are subject to a fine.
C. 
Smoking shall be prohibited within 100 feet of any enclosed facilities and other structures located within all parks, playgrounds, sports fields and recreational properties owned, leased or operated by the Township of Ewing or by the Ewing Township Recreation Commission. 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 article. 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. 
Smoking shall be prohibited in any vehicle owned, leased, operated by or registered to the Township of Ewing.
The enforcement authority of this article shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Township of Ewing.
Any person who violates any provision of this article shall be subject to a fine of not less $50 nor more than $100 for the first offense; not less than $100 nor more than $250 for a second offense; and not less than $250 nor more than $500 for each subsequent offense. Any municipal employee found in violation of this article may also be subject to discipline in accordance with the provisions of the Township of Ewing's policies and procedures.