[Adopted 3-3-1997 by Ord. No. O-2-97; amended 5-22-2017 by Ord. No. O:23-2017]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
Any electronic device that can be used to deliver nicotine or other substances, including vapor, to the person inhaling from the device.
PARK
Any athletic fields, playgrounds and other active and passive recreation areas owned, leased or operated by the Township of Monroe to which the general public is invited.
PERSON
Any individual, which includes any Township employee, appointed individual and/or visitor to any Township facility, building or property.
PUBLIC PROPERTY
Any municipally owned, maintained and/or operated building, structure, facility or complex, park, lands or vehicles to which the general public is invited.
SMOKING
The inhaling, exhaling, burning or possession of any lighted cigar, cigarette, pipe or similar device or any other combustible or inhalable tobacco product or any matter or substance which contains tobacco or any other material that can be smoked, or the inhaling or exhaling of smoke or vapor products from an electronic smoking device.
TOBACCO PRODUCT
Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis or any other preparation of tobacco, including electronic devices and dissolvable tobacco products not FDA-approved for tobacco cessation.
TOWNSHIP-OWNED AND/OR -LEASED FACILITIES
Includes any building which is legally owned and/or leased by the municipality for the purpose of conducting any business on behalf of the Township of Monroe.
A. 
Except where otherwise provided herein, smoking shall be prohibited at all times on or within public buildings, structures or property where the public is present, invited, or gathers, within the Township of Monroe, including but not limited to the following places:
(1) 
In every room, office, chamber, lobby, hallway and other common areas in all public buildings owned, leased or operated by the Township.
(2) 
Parks and recreation areas, including trails, roadways and parking areas located within a park, established specifically for the purposes of active or passive recreation.
(3) 
Within 25 feet of any entrance or exit areas of any Township-owned, -leased or -operated buildings where smoke may enter the air people breathe through such entrances, exits, windows or ventilation systems, unless posted otherwise.
(4) 
Any vehicles owned and/or leased, in part or entirely, by the Township of Monroe.
(5) 
Public areas of libraries, museums or the like which are funded or partially funded by government agencies.
(6) 
Any polling places within 100 feet of the public entrances to any polling places during the time at which elections are being conducted.
B. 
Smoking-optional areas. Notwithstanding the prohibitions contained in the foregoing provisions, outdoor smoking areas may be designated by the Township Council by resolution of same. However, pursuant to N.J.A.C. 8:6-2.3 et seq., smoking is prohibited at an exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor workplace at which smoking is prohibited. Therefore, smoking areas, once approved, shall bear signs specifically designating that they are smoking areas. Smoking areas shall be at least 25 feet from any public entrance or exit areas of public buildings where smoke may enter the air people breathe through such entrances, exits, windows, or ventilation systems. Except as provided by resolution, no smoking shall be permitted in any other areas of any public buildings, parks or recreation areas.
"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 on every public property where smoking is controlled by this article. The "Smoking" signs shall be posted only in those areas so designated by resolution of the governing body.
The implementation and administration of regulations concerning the Township's designation of the Township's smoking areas shall be approved by resolution as necessary from time to time under this article in accordance with the terms of this section. Prior to implementing any such designations by resolution, the Township Council shall consult with and obtain input from the designated Township official and/or advisory boards regarding the proposed designated smoking areas. Notwithstanding anything to the contrary contained in this section, any designated areas implemented hereunder shall not contradict the specific terms of this article, nor may the penalties imposed under this article be assessed for a violation of any regulation implemented by the Township Council, unless such violated regulation was, prior to the violation, adopted by ordinance.
The provisions of this article shall be enforceable by a police officer, health officer or designee, employee of the Township, or any other individual so designated by the Township Council, as designated enforcement officers for the purposes of enforcing this article. Any citizen may register a complaint under this article with a police officer, health officer or designee, or the Administrator or Municipal Clerk of the Township. Said complaint shall be filed in the Municipal Court of the Township of Monroe.
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this article.
A. 
Any person who smokes in an area in which smoking is prohibited and is convicted of violating any provision of this article shall be subject to a fine of not less than $100 and not more than $1,000 for each offense and/or community service not to exceed 30 days. Each offense of this article shall be deemed and taken to be a separate and distinct offense.
B. 
Any person found guilty of defacing, tampering with or removing "No Smoking" or "Smoking" signs, which are required by this article, shall be guilty of a disorderly persons offense and subject to a maximum fine of $200, plus the cost of replacing the sign.
C. 
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 article.