[HISTORY: Adopted by the Common Council of the City of Burlington 7-14-2020 by Ord. No. 08-2020. Amendments noted where applicable.]
The City finds that:
Health-care and air quality studies have consistently found that tobacco smoke is a major contributor to outdoor pollution and that breathing secondhand smoke can cause disease in healthy nonsmokers.
Secondhand smoke is particularly hazardous to children, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructed airway diseases.
The smoking of tobacco products is also a form of air pollution, a danger to health, and a material public nuisance.
As a result, the Council adopts this chapter to protect the public health and welfare by prohibiting smoking in certain public places, which are more specifically defined below, to guarantee the right of nonsmokers to breathe smoke-free air and to recognize the public's need to breathe smoke-free air as a priority over an individual's desire to smoke.
As used in this chapter, the following words shall have the following meanings:
- ENCLOSED AREA
- All areas between the floor and a ceiling, extending to the outer perimeter walls of the structure.
- MUNICIPAL OR PUBLIC BUILDINGS/GROUNDS
- Includes all structures, facilities, parking lots, sidewalks, and property owned, leased, rented, and/or operated by the City of Burlington and the City of Burlington Board of Education and/or occupied by City employees, Board of Education employees, or students, and used for the official business of the City of Burlington and/or City of Burlington Board of Education. The definition shall specifically include, but shall not be limited to: City Hall, police facilities, public works facilities, library facilities, and all schools as well as the parking lots, sidewalks and grass areas which surround said buildings or facilities.
- PUBLIC PARK
- Any property owned or maintained by the City of Burlington and City of Burlington Board of Education for active or passive recreation, including, but not limited to, the Promenade park, areas designated as open space, playgrounds, sports fields, spectator areas, school playgrounds, ballfields and their adjacent parking facilities.
- SCHOOL BUILDINGS and SCHOOL GROUNDS
- Means and includes land, portions of land, structures, buildings, and vehicles owned, operated, or used for the provision of academic or extracurricular programs sponsored by the district or a community provider and structures that support these buildings, such as school wastewater treatment facilities, generating facilities, and other central facilities, including, but not limited to, kitchens and maintenance shops. "School buildings" and "school grounds" also includes athletic stadiums; swimming pools; any associated structures or related equipment tied to such facilities, including, but not limited to, grandstands; greenhouses; garages; facilities used for noninstructional or noneducational purposes; and any structure, building, or facility used solely for school administration. "School buildings" and "school grounds" also includes other facilities as defined in N.J.A.C. 6A:26-1.2; playgrounds; and other recreational places owned by local municipalities, private entities, or other individuals during those times when the school district has exclusive use of a portion of such land.
- 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, nicotine, oils, or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device or similar device. The term shall also mean the smoking of any cannabis, hemp, CBD, or similar product.
If not specifically defined herein, the terms of this chapter are meant to be read and interpreted in a manner consistent with applicable New Jersey and federal law, including but not limited to the New Jersey Smoke Free Air Act, N.J.S.A. 26:3D-55 et seq., and the Clean Air Act, 42 U.S.C.A. § 7401 et seq., as amended from time to time, and including such other laws which may be enacted to govern smoking in public places.
Smoking shall be prohibited in all municipal buildings, school buildings, municipal and school grounds, their parking lots, sidewalks, and public parks as defined herein. No-smoking signs or the international no-smoking symbol shall be clearly, sufficiently, and conspicuously posted at each municipal building entrance and at each outdoor area where smoking is prohibited by this section. The sign shall also indicate that violators are subject to a fine.
Smoking shall be prohibited on municipal and school grounds up to the property lines and shall not be reduced even during inclement weather.
Smoking shall be prohibited in any municipal vehicle registered to the City.
Smoking shall not be permitted in any enclosed area of municipal buildings and grounds in Burlington City, including all schools and administrative offices.
This chapter shall be enforced by the Burlington City Police Department and the City's Code Enforcement Officer.
Any person found guilty of a violation of this chapter by a court of competent jurisdiction may be subject to a fine of not less than $250 and not more than $1,000, and/or subject to up to 30 days' community service, and/or up to 30 days' incarceration in a county jail.