[HISTORY: Adopted by the Mayor and Council of the Borough of Netcong 10-14-2021 by Ord. No. 2021-24. Amendments noted where applicable.]
A. 
Smoking is the leading cause of death in the United States, and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of the six top national healthcare priorities; and
B. 
Pursuant to N.J.S.A. 40:48-1, the Borough is given the authority to adopt ordinances for the public health, safety and welfare of the Borough, its residents and guests; and
C. 
The New Jersey Smoke-Free Air Act ("NJSFAA"), 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."
As used in this chapter, the following terms shall have the following definitions:
BOROUGH PROPERTY
The indoor area of any property owned by the Borough and any outdoor area within 100 feet of any indoor area and any portion of any municipal park including any parking lot that is adjacent to, but outside of, the public park.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or 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.
Whenever the Health Officer or his or her designee or a law enforcement officer or a Borough Code Enforcement Officer observes or reasonably believes that there exists a violation of this chapter, he or she may issue a summons and complaint to the violator. The complaint shall be written and served on the violator. Residents of the Borough may also bring private complaints for the violation of this chapter.