Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Added 7-26-2011 by Ord. No. 2011-17]
A. 
The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer (see U.S. Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke: a report of the surgeon General, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006); and
B. 
Smoking is the leading cause of death in the United States and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of six top national healthcare priorities; and
C. 
Pursuant to N.J.S.A. 40:48-1, the Township is given the authority to adopt ordinances for the public health, safety and welfare of the Township, its residents and guest; and
D. 
The New Jersey Smoke-Free Air Act ("NJSFAA"), N.J.S.A. 26:3D-63, specifically authorizes local restrictions on smoking "equivalent to, or greater than those provided in the NJSFAA for purposes of "protecting public health".
[Added 7-26-2011 by Ord. No. 2011-17]
As used in this chapter, the following terms shall have the following definitions:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 7-26-2011 by Ord. No. 2011-17]
No person shall smoke while on the outdoor grounds of the following Township-owned properties:
Foothills Park (including The Bark Park)
Lyon Park
Lyman Ave Park
Hillview Fields
Pequannock Valley Park
Riverside Park
Railroad Station-Museum
Town Hall Field
Washington Park
Greenview Park
Golden Panther Park
[Added 7-26-2011 by Ord. No. 2011-17]
Whenever the Health Officer or his or her designee or a law enforcement officer or a Township Code Enforcement Officer observes or reasonably believes that there exists a violation of this chapter, he or she may issue a summons and complaint to the violator. The complaint shall be written and served on the violator. Citizens of the Township may also bring private complaints for the violation of this chapter.
[Added 7-26-2011 by Ord. No. 2011-17]
Any person found guilty of violating this chapter shall be subject to the following penalties:
A. 
First offense: A fine of $50, plus court costs and a period of community service not to exceed five days.
B. 
Second offense: A fine of $100, plus court costs and a period of community service not to exceed 10 days.
C. 
Third offense: A fine of $150, plus court costs and a period of community service not to exceed 15 days.