[Amended 11-10-15 by Ord. No. 2015-46]
As used in this chapter, the following words shall have the
following meanings:
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]
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]
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.