Town of Secaucus, NJ
Hudson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 11-28-06 by Ord. No. 2006-26. Amended in its entirety 3-12-13 by Ord. No. 2013-2. Amendments noted where applicable.]
[Amended 11-10-15 by Ord. No. 2015-46]
As used in this chapter, the following words shall have the following meanings:
[Repealed 11-10-15 by Ord. No. 2015-46]
ELECTRONIC SMOKING DEVICE
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, or vape pen, or under any other product name or descriptor.
[Added 11-10-15 by Ord. No. 2015-46]
EMPLOYEE
Any person who performs services for or on behalf of the Town of Secaucus, whether or not compensated, and includes seasonal, temporary and part-time employees.
[Added 11-10-15 by Ord. No. 2015-46]
MUNICIPAL BUILDINGS
All structures owned, leased, rented and/or operated by the Town of Secaucus, and/or occupied by town employees and used for official business of the Town of Secaucus.
[Amended 11-10-15 by Ord. No. 2015-46]
[Repealed 11-10-15 by Ord. No. 2015-46]
PERSON
Any member of the general public and includes anyone who enters into a building of the Town of Secaucus for any purpose.
[Added 11-10-15 by Ord. No. 2015-46]
PUBLIC AREAS
Any area that is owned, operated or leased by the Town of Secaucus and open to the general public for recreational purposes, regardless of any fee or age requirement including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle. The term "recreational area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, bike paths, picnic areas, sports fields, walking paths, swimming pools, ice skating rinks, playgrounds and other outdoor areas within the control of the Town of Secaucus.
[Added 11-10-15 by Ord. No. 2015-46]
SMOKING
The inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarettes, or pipe or any other lighted or heated tobacco or plant product intended for inhalation, 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 for the purpose of the prohibition in this chapter.
[Amended 11-10-15 by Ord. No. 2015-46]
A. 
Smoking shall be prohibited in all municipal buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs 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 also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a 35 foot radius of any main entrance or exit of all municipal buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at any main entrance or exit of all municipal buildings where smoking is prohibited by this chapter. The signs 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 also indicate that violators are subject to a fine.
[Amended 11-10-15 by Ord. No. 2015-46]
C. 
Smoking shall be prohibited in all public areas owned or leased by the Town of Secaucus and all property owned or leased by the Town of Secaucus 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, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs 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 also indicate that violators are subject to a fine.
[Amended 11-10-15 by Ord. No. 2015-46]
The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Town of Secaucus.
[Amended 11-10-15 by Ord. No. 2015-46]
Any person who violates any provision of this chapter shall be subject to a fine not to exceed $200. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the Town of Secaucus's policies and procedures.
All ordinances or parts of ordinances inconsistent or in conflict with this chapter are hereby repealed as to said inconsistencies or conflicts.
If any section, part of section, or clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this chapter, and each section and subsection thereof, irrespective of the fact that any one or more of this subsection, sentences, clauses or phrases may be declared unconstitutional or invalid.