[Ord. No. 2021-11, 7-9-2021[1]]
A. 
Medical and scientific evidence indicates that tobacco use is a leading cause of preventable death in the United States, and, 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.
B. 
In public places, the right of nonsmokers to breathe clean air outweighs the right of smokers to smoke, and the consumption of cannabis in public places is inimical to the public health, safety, and welfare.
C. 
The public health of the residents and visitors of the Borough shall be promoted by eliminating the exposure of its citizens and visitors to airborne smoke and smoking-related refuse within certain public places and precluding the consumption of cannabis in all public places.
[1]
Editor's Note: This ordinance also repealed former Chapter 12.24, Smoking in Parks, Bay Bathing and Ocean Beach Areas - Prohibited, as amended.
[Ord. No. 2021-11, 7-9-2021]
As used in this chapter, the following terms shall have the meanings indicated:
CANNABIS
The meaning given to "marijuana" in section 2 of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-2).
ELECTRONIC SMOKING DEVICE
Any electronic product that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, electronic cigarettes (e-cigarettes), electronic cigars, (e-cigars), electronic pipes (e-pipes), vape pens, or electronic hookahs (e-hookahs) and shall include any component or accessory of such a device, whether sold separately or not, including any filters and liquids used in such devices, but does not include any similar devices approved for sale by the U.S. Food and Drug Administration for medicinal purposes as those items are defined in the Federal Food, Drug, and Cosmetic Act.
PARK
All publicly owned parks and preserved public open spaces, including, but not limited to, the Borough Municipal Building, Waterfront Park, Bayside Parks, and the Bay Bathing Beach.
PERSON
An individual, partnership, corporation, cooperative association, or any other legal entity.
PLAYGROUND AREA
The area of and surrounding the playground equipment.
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 consumption is not allowed, including, but not limited to, beaches, public streets, roads, thoroughfares, sidewalks, bridges, alleys, plazas, parks, playgrounds, shopping areas, public transportation facilities, vehicles used for public transportation, parking lots, or any other public building, structure, or area.
SMOKE-RELATED REFUSE
Any used or unconsumed or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material, or any combination thereof, but not limited to any cigarette, cigar, pipe, match, lighting device, paper or plastic packaging or containers, weed, plant or other combustible substance.
SMOKING or SMOKE
The act of inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, weed, plant, cannabis, or other combustible substance in any manner or in any form, including but not limited to tobacco or similar products and the use of any electronic smoking device.
[Ord. No. 2021-11, 7-9-2021]
A. 
No person shall engage in smoking, vaping, aerosolizing, the use of an electronic smoking device, or otherwise consuming cannabis in any manner in any public place.
B. 
No person shall use any electronic smoking device or vape or smoke, inhale, exhale, burn, or carry any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in any form, including, but not limited to, tobacco, nicotine-based products, or similar products, on any beach, at any park, or at any playground.
C. 
There shall be posted in parks, playgrounds, and beaches conspicuous signs clearly stating that smoking is prohibited, either by a sign indicating "no smoking" or by the international "no smoking" symbol.
[Ord. No. 2021-11, 7-9-2021]
Any person who violates any provision of this chapter shall be subject to a fine of not more than $200 for each violation. In addition, a violation of this chapter shall be punishable as provided in Chapter 1.08, General Penalty, as applicable.