[HISTORY: Adopted by the Township Committee of the Township
of Franklin 6-10-2021 by Ord. No. 2021-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All lands and grounds owned by the Township of Franklin Board
of Education, including but not limited to all recreation fields,
parking areas and grounds adjacent to the buildings owned or operated
by the Franklin Township Board of Education.
The term "cannabis' in this chapter shall include cannabis,
marijuana and/or any product made from cannabis or marijuana, including
but not limited to flowers, oils, vapor or edibles.
Structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to, a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; Board of Education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health care facility; patient waiting room of the office of a health
care provider; child-care center; race track facility; facility used
for the holding of sporting events; ambulatory recreational facility;
shopping mall or retail store; hotel, motel or other lodging establishment;
apartment building lobby or other public area in an otherwise private
building; or a passenger elevator in a building other than a single-family
dwelling.
Any Township or Board of Education owned or leased building,
including but not limited to all schools, municipal buildings, library,
senior center, recreation center, etc., in which the public is invited
or the public is permitted.
Any state, county or municipality owned or leased property
in which the public is invited or the public is permitted.
The burning or use of a lighted cigar, cigarette, pipe, e-cigarette,
vape or any other matter or substance which contains tobacco and/or
emits a vapor or smoke.
A.
Smoking in public buildings, indoor public places, on public properties
and on Board of Education properties as herein defined within the
Township of Franklin is prohibited.
B.
"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 posted at each public building entrance and within said building,
as well as at conspicuous locations on recreation properties and Board
of Education properties, in a number and in a manner determined by
the administrator in charge of each such building or recreation property
to be sufficient to inform the public that there is no smoking allowed
within the building or on any such recreation property. The signs
may contain a warning that smoking within the building or on any such
recreation property is subject to a fine. The failure to post any
such sign shall not be a defense to a violation of this chapter.
The smoking or consumption of cannabis or cannabis products
in public buildings, on public property and on Board of Education
properties as herein defined within the Township of Franklin is prohibited.
The enforcement authorities of this chapter shall be the police
officers of the Township of Franklin.
B.
The Municipal Court shall have the right, upon conviction for a first
violation, to suspend such penalty upon the condition that the violator
attend a program or programs relating to the harmful use of smoking
and the use of tobacco and/or cannabis products and that the violator
produce proof of attending said program.
