[Ord. No. HO2014-01]
This Article shall be entitled Prohibition of Smoking on Public
Property.
[Ord. No. HO2014-01; Ord. No. HO2015-01]
As used in this Article, the following words shall have the
following meanings:
Shall mean Borough of North Plainfield.
Shall mean all facilities, structures, property, places and
locations owned and/or leased and/or operated by the Borough of North
Plainfield and/or occupied by Borough employees and used for the official
business of the Borough of North Plainfield, including but not limited
to the Vermeule Mansion, the Community/Senior Center, the Department
of Public Works Building, the Recreation Department Building, the
Borough's Memorial Public Library, and any other Borough Property
as defined herein.
Shall mean the facility located at 263 Somerset Street, North
Plainfield, New Jersey, which houses Borough Hall and its administrative
offices, the Borough Police Department, the Borough Fire Department
and the Borough's Municipal Court.
Is a sign consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section.
Includes all public parks, playgrounds, athletic fields and
swimming pools, including but not limited to all areas adjacent to
such places, such as any parking area, driveway, or drive aisle, where
individuals gather for recreational activities, and which is publicly
owned by the Borough of North Plainfield and/or upon which the public
is invited or permitted by the Borough of North Plainfield. "Parks
and/or recreational facilities" shall also include all parks, playgrounds
and ball fields as defined or set forth in N.J.S.A. 2C:35-10a regarding
use of cannabis or its derivatives in public places, N.J.S.A. 2C:33-13
regarding smoking in public, and N.J.S.A. 26:3D-57 et seq., regarding
smoking and vaping in public places.
[Amended 7-12-2021 by Ord. No. 21-07]
Any public place pursuant to law that prohibits the smoking
of tobacco, including N.J.S.A. 2C:33-13 and the "New Jersey Smoke-Free
Air Act," P.L. 2005, c. 383 (N.J.S.A. 26:3D-55 et seq.), and any indoor
public place, as that term is defined in Section 3 of P.L. 2005, c.
383 (N.J.S.A. 26:3D-57), or portion thereof, even if the smoking of
tobacco is otherwise permitted in that place or portion thereof pursuant
to the "New Jersey Smoke-Free Air Act." "Public place" shall also
include all public places and/or spaces as defined or set forth in
N.J.S.A. 2C:35-10a regarding use of cannabis or its derivatives in
public places, N.J.S.A. 2C:33-13 regarding smoking in public, and
N.J.S.A. 26:3D-57 et seq., regarding smoking and vaping in public
places.
[Added 7-12-2021 by Ord.
No. 21-07]
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. "Smoking" shall also include smoking by any such means
of cannabis or its derivatives as defined or set forth in N.J.S.A.
2C:35-10a regarding use of cannabis or its derivatives in public places,
N.J.S.A. 2C:33-13 regarding smoking in public, and N.J.S.A. 26:3D-57
et seq., regarding smoking and vaping in public places.
[Amended 7-12-2021 by Ord. No. 21-07]
Any vehicle of any type whatsoever, able to be driven by
means of an engine or other propulsion, which is registered to and
owned by the Borough of North Plainfield and operated by duly authorized
employees, servants, or agents of the Borough of North Plainfield,
except any vehicle, autobus, van or other conveyance which is excepted
or set forth in N.J.S.A. 2C:35-10a regarding use of cannabis or its
derivatives in public places, N.J.S.A. 2C:33-13 regarding smoking
in public, and N.J.S.A. 26:3D-57 et seq., regarding smoking and vaping
in public places.
[Amended 7-12-2021 by Ord. No. 21-07]
[Ord. No. HO2014-01]
a.
Smoking shall be prohibited in and on all Borough Property, including
the Borough Complex, except as otherwise provided herein, both indoors
and outdoors, except as provided herein.
[Amended 7-12-2021 by Ord. No. 21-07]
b.
Smoking shall be prohibited in all Borough Parks and/or Recreational
Facilities.
c.
"No Smoking" signs or the International No Smoking Symbol shall be
clearly, sufficiently and conspicuously posted at the entrance to
and within each Borough Property, Borough Park, and/or Borough Recreation
Facility where smoking is prohibited. The signage shall be clearly
visible to the public and shall contain letters or a symbol which
contrast in color with the sign, indicating that smoking is prohibited
therein. The sign shall indicate that the violators are subject to
a fine. The signs shall be written in English and Spanish in accordance
with N.J.S.A. 26:3D-55.
d.
Smoking shall be prohibited in any Borough vehicle.
[Ord. No. HO2014-01]
a.
Within the outdoor areas of Borough Property, the Borough hereby
reserves the right to designate specific smoking areas. Each designated
smoking area shall be located at a reasonable distance from any entrances
to the Borough Property and shall contain the necessary fireproof
receptacle(s) and signage delineating the specific area allowed for
smoking. Such area shall be as non-visible as possible to the public
view.
b.
The Borough hereby designates that smoking shall be permitted in
an outdoor area at the following Borough Property(ies), in accordance
with this Section:
At one outdoor area at the rear of the Borough Complex in a
specifically designated and delineated area. The frontage of the Borough
Complex shall be a no-smoking area.
[Ord. No. HO2014-01; Ord. No. HO 2016-02 § 11]
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 $500 for each and every subsequent
offense. In addition, any municipal employee found in violation of
this Article may also be subject to disciplinary action, up to and
including termination from employment, in accordance with the Borough's
Policies and Procedures.[1]
[1]
Editor's Note: Penalties shall comply with N.J.S.A. 26:3-70
and N.J.S.A. 26:1A-10
[Ord. No. HO2014-01]
The provisions set forth under this Article shall be enforced
by the Borough of North Plainfield Police Department and/or the Borough
of North Plainfield Health Officer.
