[HISTORY: Adopted by the Mayor and Council of the Borough of Somerville 10-5-81 by Ord. No. 924. Amended 6-16-08 by Ord. No. 2270. Amended in its entirety 12-21-2020 by Ord. No. 2626. Subsequent amendments noted where applicable.]
A. 
As determined by the New Jersey Legislature, smoking is one of the leading causes of preventable disease and death in the United States. In addition to the deleterious effects upon smokers, tobacco smoke is a substantial health hazard to the public, and an annoyance and a nuisance to the nonsmoking public. Tobacco smoke also creates a substantial health hazard to residents of the Borough of Somerville who may be participating in activities or events in or around buildings owned or leased by the Borough, including parks, playgrounds, swimming areas and recreation areas.
B. 
While it is not the public policy to deny anyone the right to smoke, a balance must be struck between the right of smokers to smoke and the right of nonsmokers to breathe clean air. The Borough of Somerville finds that in public buildings, public parks, playgrounds, swimming areas and recreation areas and on the surrounding premises, the right of nonsmokers to breathe clean air outweighs the right of smokers to smoke and, therefore, the Borough Council desires to prohibit smoking in Borough Buildings and on municipal grounds, including within 50 feet of the regularly used entrance, and shall include parks, playgrounds, publicly owned lands, swimming areas and recreation areas. In addition, the Borough of Somerville desires to prohibit smoking on Division Street between West Main Street and South Street. This prohibition is consistent with N.J.S.A. 40:48-1, 40:48-2 and 2C:33-13, which provide that smoking may be prohibited by municipal ordinance in any public place, including, but not limited to, places of public accommodation, and the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq., which permits municipal ordinances to impose greater prohibitions against smoking than those provided under the Act, and N.J.S.A. 40:48-1, 40:48-2 and 2C:33-13, which provide that smoking may be prohibited by municipal ordinance in any public place, including, but not limited to, places of public accommodation.
No smoking shall be allowed on the section of Division Street located between South Street and West Main Street during events sponsored or hosted by the Downtown Somerville Alliance, or the Borough of Somerville. Signs posted on Division Street in accordance with § 145-2, "No Smoking" Signs, shall specify this limitation.
“No Smoking” signs, “Smoke-free” signs, or signs bearing the international “No Smoking” symbol shall be clearly, sufficiently and conspicuously posted in all places affected by this section. Such signs shall also indicate that violators are subject to the penalty provisions set forth in § 145-3 of this chapter. On Division Street, signs may be placed either on a pedestal or on poles but shall have the same effect.
The Borough may establish a designated area, either permanent or temporary, that shall be posted and signed. This designated area shall be created at the discretion of the Borough and shall be clearly marked.
All ordinances and resolutions or parts thereof inconsistent with this chapter are repealed.
If any section, paragraph, subsection, clause or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this chapter shall be valid and enforceable.