Township of Mine Hill, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mine Hill 5-2-2019 by Ord. No. 15-19. Amendments noted where applicable.]
A. 
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
B. 
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
C. 
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."
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.
TOWNSHIP PROPERTY
The indoor area of any property owned by the Township and any portion of any municipal beach or park including any parking lot that is adjacent to, but outside of, the public park or beach.
No person shall smoke while on Township property.
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. Residents of the Township may also bring private complaints for the violation of this chapter.
Any person found guilty of violating this chapter shall be subject to the following penalties:
A. 
First offense: A fine of $250.
B. 
Second offense: A fine of $500.
C. 
Third offense: A fine of $750.