[Ord. BH12/2/15]
This chapter may be cited as the "Smoke-Free Ordinance of the
Township of West Caldwell".
[Ord. BH12/2/15]
As used in this chapter the following terms shall have the meanings
indicated:
BAR
Shall mean a business establishment or any portion of a nonprofit
entity which is devoted to the selling and serving of alcoholic beverages
for consumption by the public, guests, patrons or members on the premises
and in which the serving of food, if served at all, is only incidental
to sale or the consumption of those beverages, including but not limited
to, taverns, nightclubs, cocktail lounges, and cabarets.
BOARD
Shall mean the Board of Health of the Township of West Caldwell.
BUSINESS
Shall mean a sole proprietorship, partnership, joint venture,
corporation, or other business entity, either for-profit or not-for-profit,
includes retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, wholesale
engineering, architectural, or other professional services are delivered;
and private clubs.
CIGAR BAR
Shall mean any bar, or area within a bar, designated specifically
for the smoking of tobacco products, purchased on the premises or
elsewhere; except that a cigar bar that is in an area within a bar
shall be an area enclosed by solid walls or windows, a ceiling and
a solid door and equipped with a ventilation system which is separately
exhausted from the nonsmoking areas of the bar so that air from the
smoking area is not recirculated to the nonsmoking areas and smoke
is not backstreamed into the nonsmoking areas.
CIGAR LOUNGE
Shall mean any establishment, or area within an establishment,
designated specifically for the smoking of tobacco products, purchased
on the premises or elsewhere; except that a cigar lounge that is in
an area within an establishment shall be an area enclosed by solid
walls or windows, a ceiling and a solid door and equipped with a ventilation
system which is separately exhausted from the nonsmoking areas of
the establishment so that air from the smoking area is not recirculated
to the nonsmoking areas and smoke is not backstreamed into the nonsmoking
areas.
ELECTRONIC SMOKING DEVICE
Shall mean 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 such 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.
EMPLOYEE
Shall mean a person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, or a person who volunteers
his or her services for a for-profit or non-profit entity.
EMPLOYER
Shall mean a person, business, and partnership, and association,
corporation, including a municipal corporation, independent contractors,
trust, or non-profit entity that employs the services of one or more
individual persons.
ENCLOSED AREA
Shall mean all space between a floor and a ceiling that is
bounded on at least two sides by walls, doorways, or windows, whether
open or closed. A wall includes any retractable divider, garage door,
or other physical barrier, whether temporary or permanent and whether
or not containing openings of any kind.
HEALTH OFFICER
Shall mean the Health Officer of the Township of West Caldwell,
as appointed by the Board, and his\her designated agents, officers
and inspectors.
HOOKAH
Shall mean a water pipe and any associated products and devices
which are used to produce fumes, smoke, and/or vapor from the burning
of material including, but not limited to, tobacco, shisha, or other
plant matter.
HOOKAH BAR
Shall mean any establishment, or area within an establishment,
designated specifically for the smoking of tobacco products, purchased
on the premises or elsewhere.
HOOKAH LOUNGE
Shall mean any establishment, or area within an establishment,
designated specifically for the smoking of tobacco products, purchased
on the premises or elsewhere.
INDOOR PUBLIC PLACE
Shall mean 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 office 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 (C.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 (C.30:5B-1 et seq.);
race track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; 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.
LICENSE
Shall mean a certificate issued by the Health Officer to
a proprietor under the provisions hereof.
PLACE OF EMPLOYMENT
Shall mean an area under the control of a public or private
employer, including, but not limited to, work areas, private offices,
employee lounges, restrooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, construction sites, temporary offices,
and vehicles. A private residence is not a "place of employment" unless
it is used as a child care, adult day care, or health care facility.
PLAYGROUND
Shall mean any park or recreational area designed in part
to be used by children that has play or sports equipment installed
or that has been designated or landscaped for play or sports activities,
or any similar facility located on public or private school grounds
or on Township of West Caldwell grounds.
PRIVATE CLUB
Shall mean an organization, whether incorporated or not,
which is the owner, lessee, or occupant of a building or portion thereof
used exclusively for club purposes at all times, which is operated
solely for a recreational, fraternal, social, patriotic, political,
benevolent, or athletic purpose, but not for pecuniary gain. The affairs
and management of the organization are conducted by a board of directors,
executive committee, or similar body chosen by the members at an annual
meeting. The organization has established bylaws and/or a constitution
to govern its activities. The organization has been granted an exemption
from the payment of Federal income tax as a club under 26 U.S.C. Section
501.
PUBLIC EVENT
Shall mean an event which is open to and may be attended
by the general public, including but not limited to, such events as:
concerts, fairs, farmers' markets, festivals, parades, performances,
political rallies and any other gatherings, regardless of any fee
or age requirement.
PUBLIC PARK OR PARK
Shall be designated as those areas which appear on the Municipal
and/or County maps prepared by Omland Engineering and adopted by Township
Ordinance on June 11, 2009.
PUBLIC PLACE
Shall mean an area to which the public is invited or in which
the public is permitted, including but not limited to, banks, bars,
educational facilities, gambling facilities, health care facilities,
hotels and motels, laundromats, parking structures, public transportation
vehicles and facilities, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments,
retail stores, shopping malls, sports arenas, theaters, and waiting
rooms. A private residence is not a "public place" unless it is used
as a child care, adult day care, or health care facility.
RECREATIONAL AREA
Shall mean any public or private area open to the public
for recreational purposes, whether or not any fee for admission is
charged, including but not limited to: athletic fields, beaches, fairgrounds,
gardens, golf courses, parks, plazas, skate parks, swimming pools,
and trails.
RESTAURANT
Shall mean an eating establishment, including but not limited
to, coffee shops, cafeterias, sandwich stands, and private and public
school cafeterias, which gives or offers for sale food to the public,
guests, or employees, as well as kitchens and catering facilities
in which food is prepared on the premises for serving elsewhere. The
term "restaurant" shall include a bar area within the restaurant.
SCHOOL OR SCHOOL PROPERTY
Shall be designated as those buildings and/or facilities
which appear on the Municipal and/or County maps prepared by Omland
Engineering and adopted by Township Ordinance on June 11, 2009.
SERVICE LINE
Shall mean an indoor or outdoor line in which one or more
persons are waiting for or receiving service of any kind, whether
or not the service involves the exchange of money, including but not
limited to: ATM (Automatic Teller Machine) lines, concert lines, food
vendor lines, movie ticket lines, and sporting event lines.
SHOPPING MALL
Shall mean an enclosed or unenclosed public walkway or hall
area that serves to connect retail or professional establishments.
SMOKING
Shall mean inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, or pipe, or any other lighted or heated
matter or substance which contains tobacco, plant product or any other
matter that can be smoked which is intended for inhaling and exhaling
of smoke, including hookahs and marijuana, whether natural or synthetic,
in any manner or in any form. "Smoking" also includes the use of an
electronic smoking device which creates an aerosol or vapor, in any
manner or in any form, or the use of any oral smoking device for the
purpose of circumventing the prohibition of smoking in this Article.
SPORTS ARENA
Shall mean a place where people assemble to engage in physical
exercise, participate in athletic competition, or witness sports or
other events, including sports pavilions, stadiums, gymnasiums, health
spas, boxing arenas, swimming pools, roller-skating rinks, roller
blading rinks, ice rinks, bowling alleys, and other private facilities
such as dojos, yoga studios and palates studios.
TOBACCO RETAIL ESTABLISHMENT (TRE)
Shall mean 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.
VAPOR/VAPE SHOPS AND/OR STORE
Is a retailer that either devotes 25% or more of floor area
or display area to, or derives 75% or more of gross sales receipts
from, the sale or exchange of electronic smoking devices and/or electronic
smoking device paraphernalia.
WORKPLACE
Shall mean a structurally enclosed location or portion thereof
at which a person performs any type of service or labor.
[Ord. BH12/2/15]
All enclosed areas, including buildings and vehicles owned,
leased, or operated by the Township of West Caldwell, as well as all
outdoor property adjacent to such buildings and under the control
of the Township of West Caldwell, shall be subject to the provisions
of this Smoke-Free Code.
[Ord. BH12/2/15]
Smoking shall be prohibited in all private clubs.
[Ord. BH12/2/15]
Notwithstanding any other provision of this Smoke-Free Code, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section
BH14-10 is posted.
[Ord. BH12/2/15]
Any use not specifically permitted in a zone district established
by this chapter is specifically prohibited for that district, and
more particularly the following uses and activities and related or
similar uses and activities are prohibited on every and all properties
in the Township of West Caldwell:
a. Cigar bar or cigar lounge.
[Ord. BH12/2/15]
This Smoke-Free Code shall be enforced by the Health Officer
or their designee, Township Administrator, the West Caldwell Police
Department and any other County or State official having control over
these types of establishments.