[Adopted 4-21-2012 by Ord. No. 12-021]
As used in this article, the following terms shall have the
meanings indicated:
SMOKING
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 or any other matter that can be
smoked.
No person shall smoke within the boundaries of public parks,
playgrounds, ball fields, and similar property that is owned or otherwise
possessed by the City of Paterson 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, which has been designated with no-smoking signs.
A sign shall be clearly, sufficiently and conspicuously posted
at every property where smoking is prohibited by this article. The
sign(s) shall state "Smoke-Free Zone" or "This Public Property is
100% Smoke Free" or substantially similar language, written in lettering
that is not less than two inches in height, and shall contain the
international no-smoking sign or symbol.
This article shall be enforced by the City of Paterson Police
Chief, Fire Chief, Health Officer, and/or Director of Public Works
and their designees.
Any person observed to be in violation of the provisions of
this article shall be issued a court summons and may be subject, at
the discretion of the court, to the following penalties:
A. A fine of not less than $50 but not exceeding $100 for the first
violation.
B. A fine of not less than $100 but not exceeding $200 for the second
violation.
C. A fine of not less than $200 but not exceeding $500 for the third
and subsequent violations.
[Adopted 10-27-2015 by Ord. No. 15-078]
As used in this article, the following words shall have the
meaning indicated:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or vapor or smoke or any matter that can be smoked or other substances
that can be smoked and that are not FDA-approved tobacco cessation
nicotine patches or nicotine chewing gum, including, but not limited
to, an electronic cigarette, cigar, cigarillo, pipe, hookah, electronic
and vape pen (portable vaporizers/cigarettes) or vaporizers, including
but not limited to alcohol vaporizers.
MATTER THAN CAN BE SMOKED
Any substance that can be smoked or vaporized, including
but not limited to alcohol or Salvia divinorum, synthetic cannabinoids
or items similar to or commonly referred to as "K2" or "spice," shredded
plant material that is typically sprayed with a synthetic compound
chemically similar to THC (the psychoactive ingredient in marijuana),
synthetic cannabis, fake pot, synthetic marijuana, legal weed, herbal
incense or potpourri or other smoke blends or spray-on liquids.
NICOTINE
(Natural or synthetic) An addictive chemical which is made
by several types of plants, including the tobacco plant, or produced
synthetically that has powerful pharmacologic effects (including increased
heart rate, heart stroke volume, and oxygen consumption by the heart
muscle), as well as powerful psychodynamic effects (such as euphoria,
increased alertness, and a sense of relaxation). Nicotine is the primary
addictive agent in cigarettes, chewing tobacco, and cigars. Liquid
nicotine is commonly used in electronic smoking devices like e-cigarettes,
e-hookah and hookah pens.
NICOTINE DELIVERY PRODUCTS
Any product that is designed to deliver tobacco or nicotine
or vapor or smoke or any matter that can be smoked, including, but
not limited to, electronic nicotine delivery systems, what are commonly
known as "e-cigarettes" or e-hookah or hookah pens or other types
of electronic smoking devices, or any cartridge or other component
of such device, or tobacco and nicotine paraphernalia or related products
including but not limited to any substance used in such devices, such
as liquids or powders or other forms of tobacco or nicotine, but excluding
United States Food and Drug Administration (FDA) tobacco cessation
approved nicotine patches and FDA tobacco cessation approved nicotine
chewing gum.
PERSON
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
SELF-SERVICE DISPLAY
Implies that a product is directly accessible to the public
through, for example, a rack, shelf, or counter-top display.
SMOKING
The burning of, inhaling from, exhaling the smoke or vapor
from, or the possession of a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco or any other matter
that can be smoked or vaporized, or the inhaling or exhaling of smoke
or vapor from a smoking device or electronic smoking device, including
but not limited to alcohol or other liquid vaporizing (smoking).
SMOKING DEVICE
A device that can be used to deliver tobacco, nicotine, alcohol,
or any matter that can be smoked or vaporized, or that are not FDA
approved smoking cessation devices, including, but not limited to,
any electronic smoking devices, electronic cigarette, cigar, cigarillo,
pipe, bongs, hookah, electronic and vape pens (portable vaporizers/cigarettes)
or vaporizers, including but not limited to alcohol vaporizers.
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use including cigars,
chewing tobacco, pipe tobacco, snuff, dip, cigars and cigarettes in
any form.
TOBACCO RETAILER
Any person or entity that owns, leases, operates or otherwise
exercises control over a store, stand, booth, concession, or place
at which the selling, furnishing or giving of tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such products or
devices, or any other matters that can be smoked or vaporized, are
made to purchasers for consumption or use. The term shall also mean
any person or entity that owns, operates, leases or otherwise exercises
control over vending machines that dispense tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such devices, and
self-service displays of any and all such products.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, or uses a remote control
device to operate such machine, that dispenses tobacco, nicotine,
electronic smoking devices, and/or nicotine delivery products.