Town of Secaucus, NJ Enforcement

§ 141-9 Enforcement.

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.

§ 141-10 Registration of complaints.

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.

§ 141-11 Authority to inform.

Any owner, manager, or authorized agent of any establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.

§ 141-12 Limited responsibility of businesses.

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.

§ 141-13 Enforcement rights of citizens.

Notwithstanding any provision of this chapter, a private citizen may bring legal action to enforce this chapter.

§ 141-14 Responsible party.

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.

§ 141-15 Smoking where prohibited.

It shall be unlawful for any person to smoke in any area where such action is restricted by this chapter.

§ 141-16 Penalties.

[Amended 7-27-10 by Ord. No. 2010-30; 12-16-2019 by Ord. No. BH2019-1]

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.

For violations of §§ 141-7 and 141-8:

(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.

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.

§ 141-17 Power to adopt more restrictive smoking policies.

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.