[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 11-12-2019 by Ord. No. 19-16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance originally adopted this chapter as Ch. 222. It was renumbered for organizational purposes.
As used in this chapter, the following terms shall have the following meanings:
BOARD OF EDUCATION
The Pascack Valley Regional High School Board of Education or the Board of Education for the Hillsdale Public Schools.
BOARD OF EDUCATION FACILITIES
Any and all property, structures, or other areas owned or leased by the Hillsdale Board of Education or Pascack Valley Board of Education or operated by employees and agents of and/or persons authorized by the Hillsdale Board of Education and used for the official business of the Hillsdale Board of Education.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
ENCLOSED AREAS
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
MUNICIPAL FACILITIES
All structures, improvements, property and enclosed areas owned, leased, rented, and/or operated by the Borough of Hillsdale, and/or occupied by employees and agents of and/or persons authorized by the Borough of Hillsdale used for official business of the Borough of Hillsdale. This definition shall not include any area adjacent to the Borough Municipal Building that may from time to time be designated as the Borough of Hillsdale staff smoking area.
PARKS AND RECREATION FACILITIES
All public parks, playgrounds, open space areas or ball fields, publicly owned or leased by the Borough of Hillsdale, 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, parking areas, driveways or driveway aisles. This definition excludes public parking lots, sidewalks and public streets within the Borough of Hillsdale, other than as noted herein.
SMOKING
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.
A. 
It shall be unlawful for any person to smoke any product as defined in this chapter in or on any of the following areas:
(1) 
In any municipal facilities and parks and recreational facilities, as such terms are defined herein;
(2) 
In or on the area between the edge of pavement of any street/roadway line and the property boundary of any Board of Education Facility as defined in § 246-1 of this chapter, inclusive of the sidewalk and open or grass area adjacent to the property boundary.
B. 
"No smoking" signs or the international "no smoking" symbol may be clearly and conspicuously posted in or on any area defined in § 246-1 above, or at the discretion of the Borough of Hillsdale, except in or on the Board of Education facilities, which signage may be posted at the discretion of the Board of Education. It shall not be a defense to a violation of this section that "no smoking" signs were not conspicuously posted as they are not required by this article.
Any person(s) observed to be in violation of this article shall be issued a summons and may be subject to, at the discretion of the Court, the following penalties:
A. 
A warning by the Court or a fine of not less than $100 for conviction of a first offense;
B. 
A fine of up to $250 for conviction of a second offense;
C. 
A fine of up to $500 for conviction of a third and/or any subsequent offense.
D. 
For any conviction, the Court shall assess court administration fees and costs and may sentence the offender to community service, for a period of time and type of service to be determined by the Court.