[Added 7-20-2021 by Ord.
No. 10-2021]
The Mayor and Council of the Borough of Sea Bright hereby finds
and determines that:
A.
The smoking of tobacco products is a major contributor to air pollution
and breathing in secondhand smoke is a cause of disease to nonsmokers;
B.
The United States Department of Environmental Protection (EPA) has
designated secondhand smoke as a Class A carcinogen, as well as a
significant cause of respiratory problems in children;
C.
In 1986, the United States Surgeon General found that the active
smoking of tobacco products and the passive inhalation of environmental
tobacco smoke are the most prevalent causes of preventable death,
disease and disability;
D.
The United States Surgeon General found that separating smokers from
nonsmokers within the same air space does not eliminate the exposure
of nonsmokers to environmental tobacco smoke;
E.
The New Jersey Legislature found and declared that tobacco is the
leading cause of preventable disease and death in the State of New
Jersey and the nation and tobacco smoke constitutes a substantial
health hazard to the nonsmoking majority of the public;
F.
The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire;
G.
Smoking leads to the inevitable discard of tobacco products and a
source of litter by those who fail to properly dispose of cigarettes;
H.
The State of New Jersey entered into litigation against various tobacco
product manufacturers and others for the purpose of improving the
public's health and adopting policies and programs to achieve
a significant reduction in smoking by its citizens and, in particular,
by youth, and, as part of a settlement, the State of New Jersey received
significant funding for the advancement of public health, including
the implementation of important tobacco-related public health measures
and restrictions;
I.
In 2006, the Legislature enacted the New Jersey Smoke-Free Air Act,
N.J.S.A. 26:3D-55 et seq., creating an outright ban on smoking in
virtually all public indoor facilities and extending such ban to the
grounds of any public or nonpublic elementary or secondary school,
regardless of whether the area is an indoor or outdoor public place,
and expanded same in 2019 to include public beaches and parks; and
J.
The Legislature has deemed the control of smoking to be a necessary
and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1
et seq., N.J.S.A. 40:48-2 et seq., and N.J.S.A. 2C:33-13 for the preservation
of public health, safety and welfare of the community.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The gentle sloping of sand adjacent to the Atlantic Ocean
in the Borough of Sea Bright that extends landward from the mean high
waterline of the ocean to a man-made feature generally parallel to
the ocean, such as a seawall, fence, parking lot, retaining wall or
other structure, whichever is closest to the ocean. "Beach" shall
include supervised beaches, unsupervised beaches, private beaches,
beach clubs, beach access, dunes, foreshore and the Atlantic Ocean
as defined herein.
An electronic device that can be used to deliver nicotine
or other substance to that person inhaling from the device, including,
but not limited to, an electric cigarette, cigar, cigarillo, or pipe.
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 commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; board of education building;
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 operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et
seq.); race track facility; facility used for the holding of sporting
events; ambulatory 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; or a
passenger elevator in a building other than a single-family dwelling.
Any athletic fields, playgrounds and other active and passive
recreation areas primarily of service to youth, owned, leased, operated
or under the ownership control of the Borough of Sea Bright 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 control
of the Borough of Sea Bright to which the general public is invited.
Burning of, inhaling from, exhaling the smoke from, or the
possession of a lighted cigar, cigarette, pipe, hookah or similar
device, or any other device 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.
A structurally enclosed location or portion thereof at which
a person performs any type of service or labor.
A.
Smoking shall be prohibited by any person, regardless of age, in
all public parks, beaches and recreation facilities owned or leased
by the Borough of Sea Bright, including that land upon which the public
is invited or upon which the public is permitted and where individuals
gather for recreation activities, including all areas adjacent to
such facilities, including, but not limited to, parking areas, driveways
or drive aisles, which have been designated by no-smoking signs and
which are hereafter designated as "smoke- and tobacco-free places."
B.
Smoking shall be prohibited by any person, regardless of age, in
any indoor public place, or workplace within the Borough of Sea Bright.
C.
No person shall smoke a cigarette, cigar, electronic smoking device
or any other materials by any means in the beachfront area, entire
beachwalk and all access ramps that lead to the beachwalk at any time.
Signs shall be clearly, sufficiently, and conspicuously posted
where smoking is prohibited by this article. The signs shall state
"NO SMOKING," and/or contain the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section).
The Sea Bright Police Department and any municipal officer charged
with code enforcement is hereby charged with enforcement of this article.
Further, the person having control over an indoor public place or
workplace shall order any person smoking in violation of this section
to comply with the article.
Anyone who smokes in violation of this article is subject to
a fine of $200.
