[Adopted 6-20-05 by Ord. No. 2005-38]
The use of lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco and/or other similar products.
Any school board having a public school building or public school
property located within the Township of Barnegat shall make and enforce
regulations to prohibit the use of tobacco products to prohibit smoking
and the use of tobacco products anywhere in its building and on its
grounds except as part of a classroom instruction or theatrical production.
The regulations shall also provide for additional specified limitations
regarding smoking on the school grounds as designated by the respective
schools. In accordance with the aforementioned regulations smoking
and use of tobacco products as defined herein is prohibited on school
board grounds and in school board buildings.
The Superintendent of the school district, or persons designated
by him, or any other school principal, or persons designated by such
school principal, or any other person having control of school property,
or other public servant engaged in his official duties, or any other
citizen, may sign a complaint against any individual for a violation
of the provisions of this Article.
Every public entrance onto school property shall be posted with
a sign legibly lettered notifying the public that the use of tobacco
products and smoking is forbidden on the property or in the school
building and shall further state that violations are subject to fine
and punishment by municipal ordinance. There shall be a minimum of
four (4) signs posted at each school property under the ownership
or control of the Barnegat Township Board of Education. The Barnegat
Township Board of Education shall assume all responsibility for maintaining
and if necessary replacing the aforementioned sign.
Any person who violates this Article shall appear before the
Township of Barnegat Municipal Court and shall be subject to punishment
as follows; upon signing of the complaint as provided here and against
the person under the age of eighteen (18), the Municipal Court shall
subpoena the parents and/or guardians of the person charged who will
appear at the Municipal Court hearing:
A.
First offense. Up to fifteen (15) hours of community service at a
place designated by the Municipal Court and/or a fine of up to twenty-five
dollars ($25.);
B.
Second offense. Up to thirty (30) hours of community service in a
place designated by the Municipal Court and/or a fine up to one hundred
dollars ($100.) or both;
C.
Third and subsequent offense. Up to fifty (50) hours of community
service in a place designated by the Municipal Court and/or a fine
up to two hundred fifty dollars ($250.).
Community service may include participation in a nonsmoking
educational or support program approved by the Municipal Court.
