The purpose of this section is to protect residents and visitors
to Gloucester City from second hand smoke and tobacco related litter
and pollution and by affirming the family friendly atmosphere of the
business district.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or other substances to that person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe, hookah or similar
device, or the 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 PRODUCT
Any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco, including
electronic smoking devices and dissolvable tobacco products not FDA-approved
for tobacco cessation.
[Amended 12-4-2017 by Ord. No. O36-2017]
It is unlawful for any person to use tobacco products by smoking
other methods on the outside property of the Monmouth Street Business
District from Atlantic Street to Railroad Avenue and shall include
all streets, sidewalks, stoops, curbs and steps and include the roadways
of Atlantic Street and Railroad Avenue. The restrictions contained
herein shall also be applicable for Champion Road, between Monmouth
Street and Somerset Street on both sides of the street.
A sign shall be clearly, sufficiently and conspicuously posted
where smoking is prohibited by this section. The sign(s) shall state:
"100% Smoke Free Public Property" or substantially similar language,
written in lettering that is not less than 3/4 inches in height, and
shall contain the international no smoking sign or symbol.
The Police Department and any municipal officer charged with
code enforcement is hereby charged with the enforcement of this section.
All members of the Police Department and code enforcement officers
are hereby designated as enforcement officers for the purpose of enforcement
of this section.
It shall be a violation of this section for any owner, operator,
manager, or a person who controls any premises subject to this section
to fail to comply with any of its provisions. It shall be unlawful
to smoke or carry a lighted cigarette, cigar, or pipe, hookah, electronic
smoking device or other product that can be smoked, where smoking
is prohibited.
Any person who is found guilty of violating this section shall
pay fines as follow:
A. For a first offense, a fine not less than, $100 nor more than $250.
B. For a second or subsequent offense, a fine of not less than $500
nor more than $2,000.
[Amended 6-17-2021 by Ord. No. O09-2021]
This ordinance will become effective upon the posting of signs
and 20 days after publication.
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