[HISTORY: Adopted by The Township Committee of the Township of Colts Neck 6-26-2019 by Ord. No. 2019-14. Amendments noted where applicable.]
When used in this chapter, the following terms shall have the following meanings:
- 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.
- EXTERIOR AREA
- An area that is not structurally enclosed. Examples of exterior areas include balconies, courtyards, decks, gazebos, parking lots, patios, porches, sidewalks, terraces or yards.
- INDOOR PUBLIC PLACE
- A structurally enclosed place of business, commerce or other service related activity, whether publicly or privately owned or operated on a for profit or nonprofit basis, which is generally accessible to the public, including, but not limited to a commercial or other office building; office or building owned, leased or rented by the state or by a county or municipal government; public and nonpublic elementary or secondary school building; Board of Education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statues; child care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single family dwelling. The time of entry into an establishment by workers or members of the public is irrelevant to the issue of whether the establishment is generally accessible to the public and/or a workplace.
- MUNICIPAL GROUNDS
- Any property or portion thereof owned, leased or subsidized by Colts Neck Township which is accessed by the general public, including but not limited to parks, recreation facilities, the municipal buildings and lands upon which any such building, structure or facility is located, including, but not limited to the surrounding surface parking lots, walkways, paths and lands appurtenant thereto, except in designated areas.
- MUNICIPAL VEHICLES
- Any movable property or equipment owned, leased, purchased or subsidized by Colts Neck Township, including but not limited to cars, trucks, tractors and related equipment.
- A door, a window, a louver, a skylight, a food or beverage pass-through or any aperture that allows the exchange of air between a building interior and the outside atmosphere. An opening remains an "opening" when screening is in place, such as at a screened-in porch, but not, if or when the screening is replaced by a material that obstructs airflow such as a story window, glass, wood, awning material, tent material or plastic or polyethylene sheeting such as Visqueen. An exterior wall or portion thereof consisting of glass, wood, awning material, tent material or plastic or polyethylene sheeting such as Visqueen is not an "opening."
- 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, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- TOBACCO RETAIL ESTABLISHMENT
- An establishment in which at least 51% of retail business is the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
- A structurally enclosed location or portion thereof at which a person performs any type of service or labor.
Smoking or vaping is prohibited in, on or at all municipal grounds and municipal vehicles except for areas specifically designated for smoking, at the discretion of the Township Administrator.
Notice of the prohibitions contained in this article shall be conspicuously posted by signs stating "no smoking" and shall reference the applicable Code provisions.
"No smoking" signs or the international no-smoking symbol shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall indicate that violators are subject to fine. It shall not be a defense to a charge under this chapter that the accused did not see such signs.
Removal or defacing of signs or symbols. No person shall remove or deface any no-smoking sign or symbol from any areas to which this chapter applies, except in the performance of his/her official duties as a Township employee or official.
Smoking is prohibited in an indoor public place or workplace, except as provided in Subsection C below.
Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
The provisions of Subsection A above shall not apply to any tobacco retail establishment or any area the tobacco retail establishment provides for the purpose of smoking.
Smoking is prohibited in an exterior area of indoor public place or workplace. Smoking is prohibited at an exterior area if smoking in the exterior area results in migration, seepage or recirculation of smoke to an indoor public place or workplace at which smoking is prohibited. For the purpose of this chapter it is presumed that smoking within 35 feet of an indoor public place or workplace opening shall constitute the migration, seepage or recirculation of smoke in said indoor public place or workplace.
This chapter shall be enforced by the Police Department, the Health Officer, the Fire Official, the Code Enforcement Officer, and any Recreation and Parks Department employee, Director of Recreation and Parks, Zoning Officer, or any other designated Township of Colts Neck official.
Any person violating the provisions of this chapter shall, upon conviction in Municipal Court thereof, be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense, and not less than $1,000 for the third and each subsequent violation. Each day that a violation of this chapter is found to exist shall constitute a separate violation of this chapter.