[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-7-2021 by Ord. No. 2021-08 (1215)[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Recreation Areas, adopted 6-9-2003 by Ord. No. 2003-06 (922).
The Borough of Lavallette recognizes the well-known health and
safety risks and hazards posed by smoking and second-hand smoking
as enumerated by the State Legislature at N.J.S.A. 26:3D-56 and N.J.S.A.
2C:35-10a and finds that it is within the public interest to prohibit
smoking in public places, Borough property, the Bayfront beach, parks
and recreational facilities. Further, the Borough of Lavallette has
determined that the public interest is served in preventing the youth
and elderly from being exposed to the use of tobacco products. Finally,
the Borough of Lavallette finds that the appearance of the Borough's
public areas and boardwalks can be enhanced, sea life can be protected,
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 preventing ongoing and continued smoking-related litter, typically
generated by smoke, butts, ashes, and packaging. The Borough of Lavallette,
in accordance with N.J.S.A. 40:48-1 and 40:48-2, deems it in the public
interest to prohibit smoking in the following areas of the Borough.
As used in this article:
All facilities, structures, property, places and locations
owned and/or leased and/or operated by the Borough of Lavallette and/or
occupied by Borough employees and used for the official business of
the Borough of Lavallette, including but not limited to the Municipal
Offices Complex, the Department of Public Works Building and grounds,
the Borough Public Library, and any other Borough Property as defined
herein.
Includes all public parks, playgrounds, and athletic fields,
including but not limited to all areas adjacent to such places, such
as any parking area, driveway, or drive aisle, where individuals gather
for recreational activities, and which is publicly owned by the Borough
of Lavallette and/or upon which the public is invited or permitted
by the Borough of Lavallette. Parks and/or recreational facilities
shall also include all parks, playgrounds and ball fields as defined
or set forth in N.J.S.A. 2C:35-10a regarding use of cannabis or its
derivatives in public places, N.J.S.A. 2C:33-13 regarding smoking
in public, and N.J.S.A. 26:3D-577, et seq., regarding smoking and
vaping in public places. Parks and/or recreational facilities shall
also include:
The municipal baseball field Chandler Field, located at the
intersections of Jersey City and Baltimore Avenues.
The municipal park located at the intersections of Baltimore
and Elizabeth Avenues.
The municipal park, including the gazebo, located at the bayfront
between Washington and Philadelphia Avenues.
The municipal park known as Jacobson Park, located at the bayfront
at the westernmost end of Kerr Avenue.
Any public place pursuant to law that prohibits the smoking
of tobacco, including N.J.S. 2C:33-13 and the "New Jersey Smoke-Free
Air Act," P.L. 2005, c. 383 (N.J.S.A. 26:3D-55 et seq.), and any indoor
public place, as that term is defined in section 3 of P.L. 2005, c.
383 (N.J.S.A. 26:3D-57), or portion thereof, even if the smoking of
tobacco is otherwise permitted in that place or portion thereof pursuant
to the "New Jersey Smoke-Free Air Act". Public Place shall also include
all public places and/or spaces as defined or set forth in N.J.S.A.
2C:35-10a regarding use of cannabis or its derivatives in public places,
N.J.S.A. 2C:33-13 regarding smoking in public, and N.J.S.A. 26:3D-57,
et seq., regarding smoking and vaping in public places.
The 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 or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device. Smoking shall also include smoking by any such means
of cannabis or its derivatives as defined or set forth in N.J.S.A.
2C:35-10a regarding use of cannabis or its derivatives in public places,
N.J.S.A. 2C:33-13 regarding smoking in public, and N.J.S.A. 26:3D-577,
et seq., regarding smoking and vaping in public places.
No person shall smoke a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco, cannabis or its
derivatives, or any other matter that can be smoked, or inhale or
exhale smoke or vapor from an electronic smoking device, in or on
any Borough property, bayfront beach, park, recreational facility
or public place within the Borough of Lavallette.
No person shall smoke a lighted cigar, cigarette, pipe or any
other matter or substance which contains tobacco, cannabis or its
derivatives, or any other matter that can be smoked, or inhale or
exhale smoke or vapor from an electronic smoking device, in or on
the following public areas:
A.
The bathing beach, from the westerly sand line eastward, including
but not limited to the beach, dunes, beach plantings and waters adjacent
to such area at the Washington Avenue Bay Beach located at the bayfront
between Brooklyn and Washington Avenues.
B.
The bathing beach, from the westerly sand line eastward, including
but not limited to the beach, dunes, beach plantings and waters adjacent
to such area at the Reese Avenue Bay Beach located at the bayfront
between Vance and President Avenues.
Notice of the prohibitions contained in this article shall be
conspicuously posted by signs stating "No Smoking Permitted Beyond
This Point" and shall reference the applicable Code provision.
A person violating this article shall be assessed a civil penalty
of no less than $50 or more than $200, which shall be recovered in
a civil action by a summary proceeding in the name of the Borough
of Lavallette pursuant to the Penalty Enforcement Law of 1999, P.L.
1999, c.274 (N.J.S.A. 2A:58-10 et seq.). The Municipal Court of the
Borough of Lavallette shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this article. Each incident
of prohibited smoking by any person shall be considered a separate
violation.
