[Added 5-12-2021 by Ord. No. 1353]
As used in this article, the following terms shall have the meanings indicated:
CANNABIS, CANNABIS ITEM
Any usable cannabis, cannabis product, cannabis extract and any other cannabis resin, all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
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.
INDOOR PUBLIC PLACE
A structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance; any facility used for the holding of sporting events; or recreational facility, shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building.
MARIJUANA
All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant products cultivated, handled, processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.).
PUBLIC PLACE
Any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area, including beach area.
SMOKING
The smoking, vaping, aerosolizing, 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.
It shall be unlawful for any person to engage in the smoking of marijuana or cannabis item in or on any indoor public place or public place.
A. 
Any person violating any of the provisions of this Article VIII, upon conviction thereof, shall be subject to a civil penalty of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.
B. 
Penalties provided for herein shall be recoverable in a civil action by a summary proceeding in the Municipal Court of the Borough of Wildwood Crest pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-10 et seq.