[Added 4-3-2019 by Ord. No. 1301]
The legislative findings and declarations that are set forth
in the New Jersey Smoke-Free Air Act at N.J.S.A. 26:3D-55 et seq.
regarding public health hazards that are caused by tobacco smoke and
electronic smoking devices are incorporated herein by this reference
as if set forth at length.
As used in this article, the following terms shall have the
meanings indicated:
Any area within, and commonly referred to as the "beach,"
which is owned by the Borough. Said area shall be located at the oceanfront
upon all lands in the Borough of Wildwood Crest fronting on the Atlantic
Ocean and extending in a generally northwesterly direction to Beach
Avenue as shown on the Tax Map of the Borough of Wildwood Crest, or
the bulkhead, whichever is further from the Atlantic Ocean.
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.
N.J.S.A. 26:3D-55 et seq. and any amendments thereto.
Borough-owned property for the purposes set forth herein
designated as a park including those areas designated and depicting
the location of parks on the Borough of Wildwood Crest Drug-Free Zone
Map as may be amended from time to time.
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.[1]
[1]
Editor's Note: The former definition of "smoking area," which
immediately followed this definition, was repealed 5-12-2021 by Ord. No. 1355.
[Amended 5-12-2021 by Ord. No. 1355]
It shall be unlawful for any person or persons to smoke on the
beach or in parks.
[1]
Editor's Note: Former § 48-39, Exceptions; establishment
and designation of beach smoking areas, was repealed 5-12-2021 by Ord. No. 1355.
The Board of Commissioners shall designate, from time to time
by resolution, Borough-owned properties as parks, which park areas
shall be deemed to encompass the area up to the curb or street where
a park adjoins or abuts a public right of way including any public
rights of way or streets that are contained within a park, which parks
shall be subject to the provisions of this article.
The provisions of the article shall be enforced by the Wildwood
Crest Police Department.
Unless otherwise provided by law, any person violating any of the provisions of this Article VII, upon conviction thereof, shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense, or imprisonment in the County Jail for a term not exceeding 90 days, or both.
