[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” 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]
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.
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.
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.
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]
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.
No provision in this article shall be construed or interpreted
to allow smoking where it is otherwise restricted by other laws.
