[Amended 5-10-2021 by Ord. No. 21-10]
A. Definitions. As used in this article, the following words shall have
the following meanings:
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
Includes all structures owned, leased, rented and/or operated
by the Borough of Chatham and/or occupied by Borough employees and
used for official business of the Borough.
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the Borough of Chatham, and all property owned
or leased by the Borough of Chatham upon which the public is invited
or upon which the public is permitted and where individuals gather
for recreational activities, including all areas adjacent to such
facilities, including, but not limited to, any parking area, driveway
or drive aisle.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance containing tobacco, marijuana/cannabis, hash, or any
other matter or substance that can be smoked, or the inhaling or exhaling
of smoke or vapor from an electronic smoking device.
B. Prohibition of smoking in public places; signs.
(1) Smoking shall be prohibited in all municipal buildings as defined
herein. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each municipal
building entrance and within each closed area where smoking is prohibited
by this article. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
(2) Smoking shall be prohibited within a fifty-foot radius of the front
entrance of all municipal buildings. No-smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted both on the building and at the fifty-foot perimeter of the
front entrance of all municipal buildings where smoking is prohibited
by this article. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
(3) Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Borough of Chatham and all property owned or
leased by the Borough upon which the public is invited or upon which
the public is permitted and where individuals gather for recreational
activities, including all areas adjacent to such facilities, including,
but not limited to, any parking area, driveway or drive aisle, which
have been designated with no-smoking signs. No-smoking signs or the
international no-smoking symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a diagonal red
line through its cross section) shall be clearly, sufficiently and
conspicuously posted in all areas regulated by this article. The signs
shall be clearly visible to the public and shall contain letters or
a symbol which contrasts in color with the sign, indicating that smoking
is prohibited at the designated area. The sign shall also indicate
that violators are subject to a fine.
(4) Smoking shall be prohibited in any vehicle registered to the Borough
of Chatham or leased or rented by the Borough.
(5) Discarding of products, materials and devices used for smoking, such as cigarette butts, cigar stubs, and similar detritus, within the areas described in Subsection
B(1) through
(4), above, is also prohibited by this article.
C. Enforcement. The enforcement authority of this article shall be the
Police Department, Fire Department, Recreation Department, Public
Works Department and Health Department.
Any person violating any provisions of this article shall, upon
conviction thereof, be subject to the penalties set forth in N.J.S.A.
26:3D-62(a) and (f).