[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking near municipal swimming pool — See Ch. 367.
Sale of tobacco — See Ch. 383.
[Adopted 4-9-2000 by Ord. No. 1555]
[Amended 6-28-2016 by Ord. No. 1892]
The smoking of tobacco products within or on any school facility, property or vehicle owned, leased or contracted by the district by an individual within the Borough of Middlesex is prohibited. Consistent with N.J.S.A. 26:3D-16,[1] “smoking or vaping” means the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or a nicotine delivery system, except as part of a classroom instruction or theatrical production.
[1]
Editor’s Note: See now N.J.S.A. 26:3D-57.
Section 343-1 shall be enforced by the administrative officials of the district and/or school facility or property where such prohibited activities are undertaken, or the administrative officials of the district, or both. In the case of any vehicle, § 343-1 shall be enforced by the administrative officials of the facility at which the vehicle is operated, or the administrative officials of the district, or both.
Any individual guilty of smoking tobacco products at any school facility, property or vehicle will be subject to a fine of up to $100 and/or community service, including a smoking cessation program, as determined by the court. Penalties issued by the court shall in no way relieve a student of the punishment outlined in the Board of Education policy.
Signs shall be posted in prominent locations at the perimeter of all school grounds and at the public entrance to all school facilities or property owned, leased or contracted by the district within the Borough of Middlesex indicating that smoking is prohibited and violators will be subject to a fine as set forth in § 343-3 of this article.
[Adopted 4-9-2002 by Ord. No. 1556]
A. 
Smoking shall be prohibited at all times in all enclosed public places within the Borough of Middlesex, including, but not limited to, the following places:
(1) 
All enclosed areas available to and customarily used by the general public and all areas of business establishments and nonprofit entities generally accessible to the public, including, but not limited to, the public areas of retail stores, banks, offices, movie theaters, laundromats, hotels, motels, sports arenas, and bowling facilities.
(2) 
All restaurants and bars in accordance with N.J.S.A. 26:3E-7 to 26:3E-13 are exempt from this article.
[Amended 5-14-2002 by Ord. No. 1558]
(3) 
All outdoor areas within 10 linear feet from any and all entrances and exits of any and all enclosed indoor areas where smoking is prohibited, to ensure that tobacco smoke does not enter the smoke free indoor areas through entrances, windows, ventilation systems, or any other means.
(4) 
All rest rooms, lobbies, reception areas, hallways, elevators, service lines, and any other common-use areas in enclosed public places.
(5) 
All polling places.[1]
[1]
Editor's Note: The former subsection regarding places that host bingo games, which subsection immediately followed this subsection, was repealed 5-14-2002 by Ord. No. 1558.
(6) 
All lobbies, hallways, elevators, and other common areas of multiunit residential buildings, including, but not limited to, apartment buildings, condominiums, town houses, trailer parks, retirement facilities, and nursing homes.
(7) 
All buses, taxis, other means of public transit and waiting areas of public transit depots, and limousine and car services.
(8) 
All private residences that are used as child-care or health-care facilities.
(9) 
All health-care facilities, including but not limited to, clinics, physical therapy facilities, and offices of doctors, dentists, chiropractors, and psychiatrists.
(10) 
All enclosed facilities owned, leased, or operated by the Borough of Middlesex.
(11) 
All museums, galleries, and libraries.
(12) 
All auditoriums, stages, performance halls or any venue wherein performance and demonstration occurs.
(13) 
Sports arenas and gymnasiums.
(14) 
Schools.
(15) 
All lobbies, hallways, or common areas of multiunit commercial facilities.[2]
[2]
Editor's Note: The former subsection regarding lobbies, hallways, or common areas of multiunit residential buildings, which subsection immediately followed this subsection, was repealed 5-14-2002 by Ord. No. 1558.
B. 
For the purposes of this chapter, "smoking" shall include the smoking of tobacco or tobacco products and the smoking, vaping, aerosolizing, or otherwise consuming of cannabis or cannabis items.
[Added 5-25-2021 by Ord. No. 2033]
Notwithstanding any other provision of this article, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a smoke-free establishment, and is encouraged to do so.
[Amended 5-14-2002 by Ord. No. 1558]
All employers within the boundaries of Middlesex Borough shall provide a smoke-free workplace for all employees. Every employer shall establish written rules governing smoking in that portion within a building for which the employer is responsible. The rules shall contain a written policy and procedure to protect the health, welfare and comfort of employees from the detrimental effects of tobacco smoke, which policy shall include designated nonsmoking areas but may include designated smoking areas. Nothing in this act shall prevent any rule, policy or procedure concerning smoking, which is not contrary to the provisions of this act, from being established by the employer or negotiated as a term or condition of any agreement or contract of employment. Employees shall be provided with a copy of the written rules upon request.
[Amended 5-14-2002 by Ord. No. 1558; 6-28-2016 by Ord. No. 1892]
A. 
No person shall smoke while on the outdoor grounds of any and all of the Borough public parks, whether owned, leased or utilized by the Borough, including recreational areas.
B. 
Smoking is prohibited at any and all educational facilities.
C. 
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) specifically authorizes local restrictions on smoking equivalent to, or greater than, those provided in the NJSFAA for purposes of protecting public health.
Voluntary compliance with the outdoor public properties section of this article is encouraged for all outdoor public lands within the Borough of Middlesex, and these areas shall be posted as such.
No-smoking signs shall be clearly, sufficiently, and conspicuously posted at every entrance to every public place where tobacco use is prohibited by this article. The sign shall be posted by the owner, operator, manager, or other person having control of such building or outdoor public property. The sign(s) shall have the words "No Smoking" in lettering that is not less than two inches in height, or shall contain the international no-smoking sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar diagonally through the cigarette) that is not less than two inches in height.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this article.
The Health Officer, Board of Health, and Advisory Committee on Tobacco Reduction shall engage in a continuing program to explain and clarify the purpose and requirements of this article to citizens affected by this article, and to guide owners, operators, and managers in their compliance. Such a program may include publications explaining the provisions of this article.
A. 
The Health Officer, or designee, and the Police Department are hereby charged with the enforcement of this article. All members of the Health Department and the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this article.
B. 
Any employee or person who desires to register a complaint under this article may initiate enforcement with the Health Officer, or designee.
C. 
Notwithstanding any provision of this article, any person or employee may bring legal action to enforce this article.
D. 
Any owner, manager, operator, or employee of any establishment regulated by this article, or any citizen may inform persons perceived to be violating this article of the appropriate provisions of this article.
A. 
It shall be a violation of this article for any owner, operator, manager, or person who controls any premises subject to this article to fail to comply with any of its provisions.
B. 
It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe where smoking is prohibited.
C. 
Any person who violates any provision of this article shall be guilty of an infraction, punished by:
(1) 
A fine, not less than $50 and not greater than $100, for the first violation.
(2) 
A fine, not less than $100 and not greater than $200, for the second violation, and community service.
(3) 
A fine, not less than $250 and not greater than $500, and community service, for the third and any subsequent violation.
Notwithstanding any other provision of this article, any owner, operator, manager, employer, or other person who controls any establishment or place of employment regulated by this article may adopt policies relating to smoking which are more comprehensive than those provided herein.
No provision in this article shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws.