[Adopted 8-13-2008 by Ord. No. 3133; amended in its entirety 5-8-2013 by Ord. No. 3382[1]]
[1]
Editor’s Note: This ordinance also amended the title of this article, which was formerly No Smoking Zones, Village Hall and Library.
As used in this article, the following terms shall have the meanings indicated:
BOARD OF EDUCATION FACILITIES
Any and all property, structures or other areas owned or leased by the Ridgewood Board of Education or operated by employees and agents of and/or persons authorized by the Ridgewood Board of Education and used for official business of the Ridgewood Board of Education.
ELECTRONIC VAPOR DEVICE
Any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates tobacco products, shisha, herbs, or any other product that produces smoke.
[Added 8-8-2018 by Ord. No. 3655]
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
Any cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.
[Added 8-8-2018 by Ord. No. 3655]
ENCLOSED AREAS
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
MUNICIPAL FACILITIES
All structures, improvements, property and enclosed areas owned, leased, rented and/or operated by the Village of Ridgewood, and/or occupied by employees and agents of and/or persons authorized by the Village of Ridgewood and used for official business of the Village of Ridgewood, including the plaza area located between the Village Hall and the Village Library, at or near the entrance to the Community Center in the Village Hall. This definition shall not include any area adjacent to the Village Municipal Building that may from time to time be designated by the Village Manager as a Village staff smoking area.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds, sport fields publicly owned or leased by the Village of Ridgewood and all such property within the boundaries of the Village of Ridgewood upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities. This definition excludes the seating areas along East Ridgewood Avenue on the north side of Memorial Park at Van Neste Square and all other parking lots, sidewalks and public streets within the Village.
TOBACCO and TOBACCO PRODUCTS
[Added 8-8-2018 by Ord. No. 3655]
A. 
Any product containing tobacco leaf including, but limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco;
B. 
Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the exception that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependency.
[Amended 2-19-2014 by Ord. No. 3403]
A. 
It shall be unlawful for any person to smoke or use any tobacco or tobacco product, electronic vapor device, and/or electronic/vapor inhalation substance product as defined in this chapter in or on any of the following areas:
[Amended 8-8-2018 by Ord. No. 3655]
(1) 
Any area defined in § 244-10;
(2) 
In or on the area between the edge of the pavement of any street/roadway line and the property boundary of any Board of Education Facility as defined in § 244-10, inclusive of the sidewalk and open or grass area adjacent to the property boundary.
B. 
"No smoking" signs or the international "no smoking" symbol may be clearly and conspicuously posted in or on any area defined in §§ 244-6, 244-10, above, and 244-11 at the discretion of the Village, except in or on the Board of Education facilities, which signage may be posted at the discretion of the Board of Education. It shall not be a defense to a violation of this section that "no smoking" signs were not conspicuously posted as they are not required by this article.
Any person(s) observed to be in violation of this article who is not a minor or otherwise subject to Article II of this chapter shall be issued a summons and may be subject to, at the discretion of the court, the following penalties:
A. 
A warning by the court or a fine of not less than $50 but not more than $100 for conviction of a first offense;
B. 
A fine of not less than $100 but not more than $150 for conviction of a second offense;
C. 
A fine of not less than $150 but not more than $500 for conviction of a third and/or any subsequent offense.
D. 
For any conviction, the court shall assess court administration fees and costs and may sentence the offender to community service, for a period of time and type of service to be determined by the court.