[Adopted 5-28-2019 by Ord. No. 2431]
For the purposes of this article, the following terms shall
have the following respective meanings:
Any device with a heating element, a battery, or an electronic
circuit that provides nicotine or other vaporized liquids to the user
in a manner that simulates tobacco products, shisha, herbs, or any
other products that produce smoke.
Any cartridges, cartomizers, e-liquid, smoke juice, tanks,
tips, atomizers, vaporizers, electronic smoking device batteries,
electronic smoking device chargers and any other item specifically
designed for the preparation, charging, or use of electronic vapor
devices.
Any product containing tobacco leaf including, but not limited
to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, bidis, or any other preparation of tobacco
including any products or formulations of matter containing biologically
active amounts of nicotine that are manufactured, sold, offered for
sale, or otherwise distributed for the purpose of being introduced
into the human lungs or mouth in smoke or vapor form, but not including
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependency.
A.
The following are hereby designated as smoke-free and vape-free zones
and areas:
(1)
Board of education facilities: Any and all property, structures or
other areas owned or leased by the Hasbrouck Heights Board of Education
including the area between the edge of the pavement of any street/roadway
line and the property boundary of such Board of Education facility
including the sidewalk and open or grass area adjacent to the property
boundary.
(2)
Municipal facilities: Any and all property, structures or other areas
owned, leased, and/or operated by the Borough of Hasbrouck Heights
and used for official business of the Borough.
(3)
Parks and recreational facilities: All public parks, playgrounds,
sport fields publicly owned or leased by the Borough of Hasbrouck
Heights and all such property within the boundaries of the Borough
upon which the public is invited or upon which the public is permitted
and where individuals gather for recreational activities.
A.
It shall be unlawful for any person to smoke or use any tobacco or tobacco product, electronic vapor device, and/or electronic/vapor inhalation substance product as defined in this article in or on any of the smoke-free and vape-free zones or areas and areas designated in § 198-12.
B.
"No smoking or vaping" signs (or the international "no smoking" symbol)
may be clearly and conspicuously posted in the respective zones or
areas designated herein, 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 or vaping" signs were not conspicuously posted as they are
not required by this article.
Any person or persons observed to be in violation of this article who is not a minor subject to Article IV of this chapter shall be issued a summons and may be subject to, at the discretion of the court, the penalty provided in Chapter 204, entitled "Penalties," of the Borough Code. The prosecution of any minor under the age of 18 years charged under this article shall be within the exclusive jurisdiction of the Family Part of the Chancery Division of the Superior Court of New Jersey, to which such a minor shall be surrendered, and all pleadings and process shall be transferred to said Court in accordance with N.J.S.A. 2C:4-11 and Rule 5:19 of the New Jersey Rules of Court as a juvenile delinquency action.
