[HISTORY: Adopted by the City Council of the City of Orange
(acting as the Board of Health) 5-7-2013 by Ord. No. 10-2013; amended in its entirety 3-6-2018 by Ord. No. 9-2018. Subsequent amendments noted where applicable.]
As used in this chapter, the following words shall have the
following meanings:
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. The term includes any device, whether manufactured, distributed,
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, e-cigarillo,
vape pen, or under any other product name or descriptor.
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
The Health Officer of the City of Orange Township, as appointed
by the Board, and his/her designated agents, officers, and inspectors.
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
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 Statutes; 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 sports events; ambulatory recreational
facility; shopping mall or retail store; 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. This definition
shall not include cannabis consumption areas as defined by P.L. 2019,
c. 153 (N.J.S.A. 24:6I-21).
[Amended 9-7-2021 by Ord. No. 41-2021]
A certificate issued by the Health Officer to a proprietor
under the provisions hereof.
Includes all structures owned, leased, rented and/or operated
by the City of Orange, and/or occupied by City employees and used
for official business of the City of Orange Township.
Shall include, but not be limited to, all public parks, playgrounds,
swimming pools, ballfields, publicly owned or leased by the City of
Orange, and all property owned or leased by the City of Orange upon
which the public is invited or upon which the public is permitted
and where individuals gather for recreational activities, including
all areas adjacent to such facilities, including, but not limited
to, any parking area, driveway or drive aisle.
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.
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.
Smoking shall be prohibited in all municipal buildings as defined
herein. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each municipal
building entrance and within each closed area where smoking is prohibited
by this section. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrasts in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
B.
Smoking shall be prohibited within a thirty-five-foot radius of any
entrance or exit of all municipal buildings. No-smoking signs or the
international no-smoking symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a diagonal red
line through its cross section) shall be clearly, sufficiently and
conspicuously posted both on the building and at the thirty-five-foot
perimeter of the front entrance of all municipal buildings where smoking
is prohibited by this section. The signs shall be clearly visible
to the public and shall contain letters or a symbol which shall also
indicate that violators are subject to a fine.
C.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the City of Orange Township and all property owned
or leased by the City of Orange Township upon which the public is
invited or upon which the public is permitted and where individuals
gather for recreational activities, including all areas adjacent to
such facilities, including, but not limited to, any parking area,
driveway or drive aisle, which have been designated with no-smoking
signs. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted in all areas regulated
by this section. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrasts in color with
the sign, indicating that smoking is prohibited at the designated
area. The sign shall also indicate that violators are subject to a
fine.
D.
Smoking shall be prohibited in any vehicle registered to the City
of Orange Township.
[Added 10-1-2019 by Ord.
No. 35-2019]
A.
The sale of tobacco products shall be prohibited in all public parks
and recreation facilities owned or leased by the City of Orange Township
and all property owned or leased by the City of Orange Township upon
which the public is invited or upon which the public is permitted
and where individuals gather for recreational activities, including
all areas adjacent to such facilities, including, but not limited
to, any parking area, driveway or drive aisle.
No tobacco retail establishment shall open its doors for retail
before the hour of 10:00 a.m.
No proprietor shall operate a tobacco retail establishment in
the City of Orange Township unless such proprietor has registered
the tobacco retail establishment with the Board of Health and has
received a license from the Health Officer.
A.
To renew a license, the fee shall be $200.
B.
The fee for review and processing of a notice of claim of exemption
of tobacco shall be $235. For a license to sell electronic smoking
devices, the annual fee shall be $1,200, prorated. No tobacco retail
establishment shall be licensed to sell food or beverage.
A.
No tobacco retail establishment shall be located within 1,000 feet
of an existing business of the same kind. The distance between same
businesses shall be measured from the nearest entrance of the existing
establishment to the nearest entrance of the proposed establishment,
along the route that a pedestrian would normally walk.
B.
No tobacco retail establishment shall be located within 1,000 feet
of a school building. The distance between a tobacco retail establishment
and a school building shall be measured from the nearest exit of the
school building to the nearest entrance of the proposed establishment,
along the route that a pedestrian would normally walk.
The enforcement authority of this chapter shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and the Health Department of the City of Orange Township.
[Amended 9-7-2021 by Ord. No. 41-2021]
Any person who violates any provision of the chapter shall be
subject to a fine of not less than $1,000 for the first offense, $1,500
for the second offense, and $2,000 for each subsequent offense. Any
municipal employee found in violation of this chapter may also be
subject to discipline in accordance with the provisions of the City
of Orange's policies and procedures.
If any provision of this chapter shall be invalid in any court,
the same shall not affect the other sections or provisions of this
chapter except so far as the section or provision so declared invalid
shall be inseparable from the remainder or any portion thereof.
