[HISTORY: Adopted by the City Council of the City of Port
Republic as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-13-2021 by Ord. No. 04-2021]
The purpose of this article is to regulate conduct in public
areas affecting the public health, safety and general welfare by protecting
residents of and visitors to the City of Port Republic from the nuisance
and health hazards of secondhand marijuana smoke, and to provide for
the public health, safety and welfare by discouraging the inherently
dangerous behavior of smoking marijuana around nonmarijuana users;
by protecting the public from nonconsensual exposure to secondhand
marijuana smoke and marijuana-related litter and pollution, and, by
affirming the family-friendly atmosphere of public areas in the City
of Port Republic.
As used in this article, the following terms shall have the
meanings indicated herein:
All City property located fronting on the Nacote Creek and from Park Avenue on the east to Mill Street on the west. See City Code§ 201-3B.
The location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board and of the areas on or within 1,000 feet of such school property as deliniated on the Drug-Free School Zone Map produced on or about November 30, 1987, by Matthew Doran, P.E., City Engineer and approved and adopted by the City pursuant to the authority of P.L. 1988, c. 44 (N.J.S.A. 2C:35-7). See City Code§ 115-1.
All parts of the cannabis plant, whether growing or not,
the seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, resin, or oil.
For purposes of this article, any reference to marijuana shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
All sand, marsh and grass areas seaward from the landward
side of any vegetation line or man-made structure.
Any nature areas, and wildlife and vegetation habitat areas open to the public including, without limitation, Block 11, Lot 65; Block 24, Lot 18; Block 34, Lot 3.01; Block 36, Lot I; Block 31, Lots 1 and 2; Block 37, Lots 5 and 7; Block 692.01, Lots 1, 3, 8 and 9 on the City Tax Map. See City Code § 183-2.
Any public park owned, leased, or utilized by the City of
Port Republic.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
City of Port Republic has an interest.
Any area(s) open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to,
public parks, children play areas, playgrounds, athletic fields and
courts, and senior center outdoor areas including, without limitation,
the beach, parking lots, Mill Pond, Firemen's Pond, tennis court,
basketball court, volleyball court, baseball diamond, boat launch
area, fishing-crabbing-bulkhead area, Revolutionary War Cemetery and
any other areas which may be identified as recreational areas by resolution
of the governing body of the City of Port Republic.
Any scheduled event within the City of Port Republic where
the public is invited including, but not limited to, the City's
Port Day, and the City's Tree Lighting Ceremony.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter of substance which contains marijuana or any
other matter that can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
Any electronic or other device that can be used to deliver
cannabis, marijuana or hashish or other related substances to the
person inhaling from the device, including, but not limited to, an
electronic cigarette, cigar, cigarillo, pipe, or other device used
to consume these products. This definition includes "vaping" the above
described products.
The property known as Block 15, Lot 10. See City Code § 231-
1.
It is unlawful for any person to smoke or otherwise use or consume
marijuana while on the grounds of any City building, including adjacent
parking lots, and in or on any public open space, parks, public right-of
way, recreation area, the beach, the transfer station, the drug-free
school zones or the area of any scheduled public event.
The New Jersey State Police is hereby charged with the enforcement
of this section of the code. All members of the State Police are hereby
designated as enforcement officers for the purpose of enforcement
of this section.
