[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.
PARK
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.
PERSON
Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
PUBLIC BUILDING
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.
SMOKING
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.