The Health Officer or his designee, is hereby charged with the
enforcement of this Code. All members of the Police Department and
Health Department area hereby designated as enforcement officers for
the purpose of enforcement of this Code.
Any citizen, employee, or business patrol who desires to register
a complaint under this chapter may initiate enforcement with the Health
Officer or his designee.
Any owner, manager, or authorized agent of any establishment
regulated by this chapter shall inform persons violating this chapter
of the appropriate provisions thereof.
The owner, operator, or manager of a business shall not be responsible
for violations of this chapter within their premises by patrons or
citizens, provided that such patrons or citizens have been adequately
informed that their actions may be in violation of the law.
Notwithstanding any provision of this chapter, a private citizen
may bring legal action to enforce this chapter.
It shall be unlawful for any person who owns, operates, manages,
or otherwise controls the use of any premises subject to the restrictions
of this chapter to fail to comply with its provisions.
It shall be unlawful for any person to smoke in any area where
such action is restricted by this chapter.
[Amended 7-27-10 by Ord. No. 2010-30; 12-16-2019 by Ord. No. BH2019-1]
A. For violations of any provision of this chapter, except for §§
141-7 and
141-8, any person who violates such shall be subject to a citation of up to $ 500.
B.
(1) Unless otherwise provided by law, statute, or ordinance, any person(s) who is found to be in violation of the provisions of §§
141-7 and
141-8 for the first time, shall, upon conviction thereof, pay a fine of not less than $1,000. In addition, any violator of these provisions shall be subject to having any Secaucus Health Department license held by the violator immediately suspended and/or revoked.
(2) For subsequent offenses, any person(s) who is found to be in violation of the provisions of §§
141-7 and
141-8 shall, upon conviction thereof, pay a fine of not less than $5,000, unless otherwise provided by law, statute, or ordinance. In addition, any violator of these provisions shall be subject to having any Secaucus Health Department license held by the violator immediately suspended and/or revoked.
(3) Fines and sanctions associated with §§
141-7 and
141-8 shall be dedicated and forwarded to the Secaucus Health Department to be used in connection with education and enforcement of this chapter. The monies shall be maintained by the Chief Financial Officer or Controller of the Town of Secaucus.
C. For all
penalties accessed under any provision, said penalties are in addition
to any penalties that may be imposed in accordance with federal or
state statutes or local regulations including, but not limited to,
penalties imposed by the New Jersey Code of Juvenile Justice and N.J.S.A.
2A:170-51 et seq.
Notwithstanding any other provisions of this chapter, any owner,
operator, manager, employer, or other person who controls any establishment
or place of employment regulated by this chapter, may adopt policies
relating to smoking which are more restrictive than those provided
herein.