[HISTORY: Adopted by the Township Council of the Township of Evesham 8-2-2011 by Ord. No. 24-8-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. I.
Alcoholic beverages — See Ch. 45.
Curfew and loitering — See Ch. 63.
Fire prevention — See Ch. 75.
Noise — See Ch. 104.
Public nudity — See Ch. 105.
[1]
Editor's Note: This ordinance also repealed former Ch. 64, Peace and Good Order, adopted 6-21-1994 by Ord. No. 21-6-94, as amended.
No person, shall within the Township of Evesham:
A. 
Be loud, unruly, unmanageable, riotous, uncontrollable or disorderly in any public place or quasi-public place so as to cause a disturbance or annoyance to neighbors, adjacent property owners or other persons within a reasonable proximity;
B. 
Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor;
C. 
Cause or permit any sound which by its length or volume creates a disturbance or annoyance to adjacent property owners;
D. 
Willfully or maliciously ring or sound or cause to be rung or sounded any bell, siren or other alarm to give false impression of a fire or emergency;
E. 
Appear on any street, road, avenue, park or other parks, including in vehicles parked on the same in a state of nudity.
F. 
Remove or interfere with or disturb any lantern, warning signal, obstruction or barricade lawfully placed in or across any public street by a public authority, its contractors, agents, servants or employees.
G. 
It shall be unlawful for any person to engage in the smoking of marijuana, cannabis or cannabis item in or on any indoor public place or public place.
[Added 8-11-2021 by Ord. No. 33-8-2021]
[Amended 8-11-2021 by Ord. No. 33-8-2021]
As used in the chapter, the following terms have the following meanings:
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 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 seq.).
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine, cannabis 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 seq.).
PERSON
Wherever appropriate in connection with the context, includes corporation, partnership, association and individual and shall include the plural.
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 or cannabis 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 are, 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, cannabis or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
Violation of any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, § 1-15, Violations and Penalties.