[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:
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.
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.
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.
