[HISTORY: Adopted by the Township Council of the Township of Pequannock 7-26-2011 by Ord. No. 2011-17 (Ch. 155 of the 1997 Code). Amendments noted where applicable.]
A. 
The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer (see U.S. Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006);
B. 
Smoking is the leading cause of death in the United States, and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of six top national health care priorities;
C. 
Pursuant to N.J.S.A. 40:48-1, the Township is given the authority to adopt ordinances for the public health, safety and welfare of the Township, its residents and guests; and
D. 
The New Jersey Smoke-Free Air Act (NJSFAA), N.J.S.A. 26:3D-63, specifically authorizes local restrictions on smoking "equivalent to, or greater than those provided in the NJSFAA for purposes of protecting public health."
As used in this chapter, the following terms shall have the following definitions:
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.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or 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.
No person shall smoke while on the outdoor grounds of the following Township-owned properties:
A. 
Foothills Park (including the Dog Park).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Lyon Park.
C. 
Lyman Avenue Park.
D. 
Hillview Fields.
E. 
Pequannock Valley Park.
F. 
Riverside Park.
G. 
Railroad Station-Museum.
H. 
Town Hall Field.
I. 
Washington Park.
J. 
Greenview Park.
K. 
Golden Panther Park.
Whenever the Health Officer or his or her designee or a law enforcement officer or a Township code enforcement officer observes or reasonably believes that there exists a violation of this chapter, he or she may issue a summons and complaint to the violator. The complaint shall be written and served on the violator. Citizens of the Township may also bring private complaints for the violation of this chapter.
Any person found guilty of violating this chapter shall be subject to the following penalties:
A. 
First offense: a fine of $50, plus court costs and a period of community service not to exceed five days.
B. 
Second offense: a fine of $100, plus court costs and a period of community service not to exceed 10 days.
C. 
Third offense: a fine of $150, plus court costs and a period of community service not to exceed 15 days.