Borough of Seaside Park, NJ Chapter 383 Smoking

[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Parks, playgrounds and recreational areas — See Ch. 333.

Article I Smoking in Municipal Buildings and Vehicles

[Adopted 12-7-1989 by Ord. No. 1079 (Ch. 64 of the 1970 Borough Code)]

§ 383-1 Purpose.

[Amended 5-13-2021 by Ord. No. 2021-14]

A. The purpose of this article is to prohibit smoking within public buildings owned or controlled by the Borough of Seaside Park in order to protect the health, safety and welfare of employees, residents and visitors.

B. The Governing Body recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on public property, such as public parks and recreation areas.

C. The Governing Body has determined that the public interest is especially implicated in preventing the youth of the Borough of Seaside Park from being exposed and succumubing to the temptations of experimenting with tobacco, marijuana, cannabis and/or cannabis items.

D. The Governing Body finds that the appearance of parks and recreation areas can be enhanced and the limited resources of the Borough's Department of Public Works can be conserved if smoking were to be banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, e-cigarettes, vaping pipes, ashes and packaging, as well as from the smoking of related products from marijuana or any other product that can be smoked.

E. The Governing Body also finds that the odors caused by persons who smoke and the litter caused by persons who improperly dispose of smoking devices or other matter on public properties significantly detract from the wholesome, healthy environment and reduce the enjoyment of these public properties for those who want to enjoy the healthy and wholesome environment free of smoke-related pollution.

F. The Governing body wishes to regulate the use and consumption of cannabis and cannabis items in public places, as discussed in Section 46 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. Pursuant to Section 46 and N.J.S.A. 26:3D-65(a), a municipality may, by ordinance, fine an individual who smokes or carries lighted cannabis, or consumes cannabis not by smoking, vaping, or aerosolizing, in any public place.

G. In connection therewith, the Governing Body finds that in public places, the right of nonsmokers to breathe clean air outweighs the right of smokers to smoke, and also finds that the consumption of cannabis in public places in inimical to the health, safety, and welfare of the Borough and its residents.

§ 383-2 Definitions.

[Amended 5-13-2021 by Ord. No. 2021-14]

As used in this article, the following terms shall have the meanings indicated:

CANNABIS ITEM

Any item available for lawful consumption pursuant to the NJ Cannabis Regulatory Enforcement Assistance And Marketplace Modernization Act.[1]

SMOKING

The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, including any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic nonnicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco, marijuana, cannabis, cannabis item or any other matter that can be smoked.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 383-3 Smoking in buildings prohibited.

Smoking is hereby prohibited within any Borough building or portion of any Borough building owned or leased by the Borough of Seaside Park, Ocean County, New Jersey.

§ 383-4 Smoking in vehicles prohibited.

This prohibition shall apply to any vehicle owned by the Borough of Seaside Park.

§ 383-5 Effective date.

This article shall take effect December 15, 1989, based upon its final passage and publication as required by law.

§ 383-6 Violations and penalties.

[Added 12-20-2001 by Ord. No. 1291[1]]

Any person who violates any one or more sections of this article shall be subject to the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II Smoking in Park and Recreational Areas

[Adopted 4-28-2011 by Ord. No. 1560]

§ 383-7 Purpose.

The purpose of this article is to protect the public health, safety, and welfare pursuant to N.J.S.A. 40:48-1 and 40:48-2 by prohibiting smoking in certain areas of the Borough.

§ 383-8 Definitions.

[Amended 5-13-2021 by Ord. No. 2021-14]

As used in this article, the following terms shall have the meanings indicated:

CANNABIS ITEM

Any item available for lawful consumption pursuant to the NJ Cannabis Regulatory Enforcement Assistance And Marketplace Modernization Act.[1]

SMOKING

The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, including any handheld electronic device which vaporizes a liquid (e.g., e-cigarettes, e-cigs, electronic nicotine delivery systems, electronic nonnicotine delivery systems, personal vaporizers, PVs), or any other matter or substance which contains tobacco, marijuana, cannabis, cannabis item or any other matter that can be smoked.

[1] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 383-9 Smoking prohibited.

Smoking shall be prohibited in the following specified areas of the Borough of Seaside Park:

A. The municipal recreational complex located at Thirteenth Avenue and Barnegat Avenue, including but not limited to the ball field, basketball court, tennis courts, and playground.

B. The municipal parks and recreational areas as follows:

(1) O Street and Lake Avenue.

(2) Fifth Avenue pier and playground, including the bathing beach.

(3) Fourteenth Avenue pier, including boat ramp, pavilion and parking area.

(4) K Street wharf area.

(5) Bayside bulkhead area between M and N Streets.

(6) Bayside bulkhead area between N and O Streets.

(7) Seaside Park Marina.

(8) Public oceanfront beaches beginning along the easterly side of Ocean Avenue, including but not limited to all beaches, dunes, beach plantings and waters from the southerly side of Stockton Avenue to Fourteenth Avenue, including but not limited to the public boardwalk, boardwalk access and pavilions.

(9) Public bayfront beaches.

(10) Municipal parking lots 1, 2, and 3.

[Added 7-14-2022 by Ord. No. 2022-21]

§ 383-10 Signs.

Notice of the prohibitions contained in this article shall be conspicuously posted by signs stating "No Smoking" and shall reference applicable Code provisions.

§ 383-11 Violations and penalties.

Any person who violates any one or more sections of this article shall be subject to a fine of not more than $50 or by community service of not more than two days; for a second offense within the same calendar year, punishable by a fine of not more than $100 or by community service of not less than five days; and for a third offense, within the same calendar year, be punishable by a fine of not less than $200 or by community service of not less than 10 days or any combination of fine and community service as determined in the sole discretion of the Municipal Court Judge.