[5-14-2019 by Ord. No.
1072-2019]
The Borough Council finds that:
a. Numerous studies have found that tobacco smoke is a major contributor
to outdoor pollution and breathing secondhand smoke is a cause of
disease in healthy nonsmokers.
b. Secondhand smoke is particularly hazardous to children, the elderly,
individuals with cardiovascular disease and individuals with impaired
respiratory function, including asthmatics and those with obstructed
airway disease.
c. The smoking of tobacco products is also a form of air pollution,
a danger to health and a material public nuisance.
d. Electronic smoking devices have not been approved as to safety and
efficacy by the Federal Food and Drug Administration, and their use
may pose a health risk to persons exposed to their smoke or vapor
because of a known irritant contained therein and other substances
that may, upon evaluation by that agency, be identified as potentially
toxic to those inhaling the smoke or vapor.
e. As a result, the governing body of the Borough of Peapack and Gladstone
hereby adopts the foregoing as justification for this article with
the purpose of protecting the public health and welfare by prohibiting
smoking in certain smoke-free public places, which are more specifically
defined below, to guarantee the right of nonsmokers to breathe smoke-free
air and to recognize the public's need to breathe smoke-free
air as a priority over an individual's desire to smoke.
[5-14-2019 by Ord. No.
1072-2019]
The following words and phrases, whenever used in this article,
shall be construed as defined in this section:
PUBLIC PARK, OPEN SPACE AND RECREATIONAL AREA
All public parks, playgrounds, ball fields, and open land
which are open to the public, and which are publicly owned or leased
by the Borough of Peapack and Gladstone, and all property owned or
leased by the Borough of Peapack and Gladstone 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
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product or any other lighted
substance, or the inhaling, exhaling, burning or carrying of smoke
or vapor from an electronic smoking device, whether otherwise legally
possessed or consumed, in any manner or in any form.
[5-14-2019 by Ord. No.
1072-2019]
Smoking is hereby prohibited in all public parks, open spaces
or recreational areas.
[5-14-2019 by Ord. No.
1072-2019]
A conspicuous sign clearly stating that smoking is prohibited
shall be posted at each park, open space and recreational area. The
international "No Smoking" symbol may also be used, consisting of
a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it.
[5-14-2019 by Ord. No.
1072-2019]
This article shall be enforced by the Peapack and Gladstone
Police Department, Code Enforcement Officer, and Public Health Officer.
[5-14-2019 by Ord. No.
1072-2019]
Any person who violates any provision of this article shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.