[HISTORY: Adopted by the Township Committee of the Township
of Mullica as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-28-2020 by Ord. No. 4-2020]
As used in this article only, the following words and terms
shall be defined as set forth below. All other terms, words and phrases
not defined herein shall be given their customary meaning.
Any athletic fields, playgrounds and other active and passive
recreation areas primarily of service to youth, owned, leased, operated
or under the ownership or control of Mullica Township to which the
general public is invited and youth under the age of 18 may gather.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any building, structure, facility or complex, including appurtenant
parking areas, owned, leased, operated or under the ownership or control
of Mullica Township to which the public is invited.
The inhaling, exhaling, burning or possession of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form. This shall include e-cigarettes or any other
type of artificial cigarettes that produce emissions, and shall also
include cannabis smoking products.
[Amended 6-22-2021 by Ord. No. 8-2021]
A.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
(1)
In every room, chamber, lobby, hallway and other common areas in
and upon any public building within the Township of Mullica owned
by, leased by, leased by the Township to any person, or under the
control of the Township.
(2)
All lands owned by or leased by the Township of Mullica or leased
by the Township of Mullica to any person, or under the control of
the Township.
(3)
All vehicles and equipment owned and/or leased, in part or entirely,
by the Township of Mullica.
(4)
Any polling places within 100 feet of the public entrances to any
polling places during the time at which elections are being conducted.
B.
All property within the Township of Mullica which is owned by or
under the control of the State of New Jersey or any state agency and
which shall be governed by the New Jersey Smoke-Free Air Act, N.J.S.A.
26:3D-55 et seq.
"Smoking" or "No Smoking" signs, as appropriate, or the international
"No Smoking" symbol (a picture of a burning cigarette inside a red
circle with a red bar across it) shall be clearly and conspicuously
posted by the owner, operator, manager, employer or such other person
in control of every public building where smoking is controlled by
this article. The color of such signs, when not of the international
type, shall have letters that are distinct, contrasting to the background
and easily read. The "No Smoking" signs shall be posted, at a minimum,
on every area which provides an entry to the public building. The
sign shall indicate that violators are subject to a fine.
The provisions of this article shall be enforceable by a police
officer or employee of the Township of Mullica, a member of the Township
Board of Health, as well as by any other individual. Any person seeking
to enforce the provisions of this article shall be authorized to file
a complaint in the Municipal Court of the Township of Mullica.
A.
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this article.
B.
Unless a greater fine is permitted under N.J.S.A. 26:23D-56 et seq.
for smoking in specific areas defined therein, in which case such
higher level of fine shall be utilized, any person who violates any
provision of this article shall be subject to a fine of not less than
$200 for the first offense, $300 for the second offense, and $500
for each subsequent offense. Any municipal employee found in violation
of any provision of this article shall also be subject to discipline
in accordance with the Township's employment policies and procedures.
C.
Any person found guilty defacing, tampering with or removing "No
Smoking" or "Smoking" signs which are required by this article shall
be subject to a fine of not less than $200 for the first offense,
$300 for the second offense, and $500 for each subsequent offense,
plus the cost of replacing the sign. Any municipal employee found
in violation of any provision of this article shall also be subject
to discipline in accordance with the Township's employment policies
and procedures.
D.
Any juvenile adjudicated to have violated the provisions of this
article shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this article.
No provision of this article shall be construed or interpreted
to allow smoking where it is otherwise restricted or prohibited by
other laws.
