[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:
ELECTRONIC SMOKING DEVICE
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.
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
HEALTH OFFICER
The Health Officer of the City of Orange Township, as appointed by the Board, and his/her designated agents, officers, and inspectors.
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 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]
LICENSE
A certificate issued by the Health Officer to a proprietor under the provisions hereof.
MUNICIPAL BUILDINGS
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.
PARKS AND RECREATIONAL FACILITIES
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.
SMOKING
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. 
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 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.