[Adopted 7-26-2021 by Ord. No. 3566-21]
Violations of any provisions of this article shall be punishable
by fines of $1,000 for the first offense and $2,000 for each and every
offense thereafter. This article shall be enforced by either the Rutherford
Police, the Rutherford Building Department, the Borough Administrator
or the Rutherford Health Department.
There shall be a limit on the hours of operation for a holder
of a Class 1, Class 2, Class 3, or Class 4 license.
There shall only be three of each type of Class 1, 2, 3, or
4 license permitted within the Borough of Rutherford.
On-site cannabis consumption shall not be permitted within the
Borough of Rutherford.
All facilities shall be secured in accordance with State of
New Jersey statutes and regulations. Facilities shall have video surveillance
systems operating 24 hours a day, 365 days a year, and have trained
security personnel on site during operating hours. Facilities permitted
herein shall submit, as a component of their site plan application,
a security plan to be approved by the Rutherford Police Department.
Any facility operating a Class 1, Class 2, Class 3, or Class
4 facility shall submit, as a component of their site plan application,
a water and energy consumption plan detailing, at minimum, anticipated
water and energy consumption.
[Adopted 11-29-2021 by Ord. No. 3585-21]
The purpose of this article is to regulate conduct in public
areas in a similar fashion to alcohol for the general welfare of both
residents and visitors to the Borough of Rutherford. In addition,
this article intends to provide for the public health, safety, and
welfare by discouraging the smoking of marijuana around non-marijuana-users;
by minimizing the nonconsensual exposure to secondhand marijuana smoke
and marijuana-related litter and pollution; and by affirming the family-friendly
atmosphere of public areas in the Borough of Rutherford.
As used in this article, the following terms shall have the
meanings indicated:
BIKE PATH
The public pedestrian walkway/pathway constructed over the
municipal right-of-way or within any jurisdiction that the municipality
has entered into an agreement with a private entity for use of the
public.
MARIJUANA
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 section, any reference to "marijuana" shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
OPEN SPACE
Any nature areas, greenbelts, and wildlife and vegetation
habitat areas open to the public.
OUTDOOR DINING AREAS
Dining areas that are not enclosed and part of a restaurant,
business, nonprofit entity, place of employment, and located in any
public place.
PARKS
Any public parks owned, leased, or utilized by the Borough
of Rutherford.
PUBLIC RIGHT-OF-WAY
Public Right of Way means the area on, below, or above a
public roadway, highway, street, public sidewalk, alley, waterway,
or utility easement in which the Borough of Rutherford has an interest.
RECREATION AREA
Any areas open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to,
public parks, beach and ocean beach areas, children's play areas,
sports fields, playgrounds, tennis and basketball courts, and senior
center outdoor areas.
SCHEDULED PUBLIC EVENTS
Any scheduled event within the Borough of Rutherford where
the public is invited, some of which may require a permit, including
but not limited to farmers' markets, concerts, parades, or festivals.
SMOKING
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 or 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.
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.
It is unlawful for any person to smoke or otherwise use or consume
marijuana in or on any public open space, outdoor dining area, parks,
public right-of-way, recreation area, promenade, or the area of any
scheduled public event, except by resolution of the governing body
and in accordance with all statutes and regulations pertaining to
consumption of cannabis as set forth in N.J.S.A. 24:61-31 et seq.
The Rutherford Police Department is hereby charged with the
enforcement of this article. All members of the Police Department
are hereby designated as enforcement officers for the purpose of enforcement
of this article.
Any person who is found guilty of violating this article shall
pay fines as follow:
A. For a first offense, a fine of not less than $100 nor more than $250.
B. For a second or subsequent offense, a fine of not less than $500
nor more than $1,000.