[HISTORY: Adopted by the Board of Commissioners of the City of Millville 3-20-1990 as Ch. XXI of the Revised General Ordinances of the City of Millville 1989 as amended through  Ord. No. 16-1998. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Smoking in theaters — See Ch. 52, Art. XII.
The Cumberland County Health Department is the local enforcing agency responsible for enforcement of the public health laws within the City of Millville which are adopted by the State of New Jersey, Cumberland County Board of Health, and the City of Millville. The local enforcing agency shall cooperate with the local Bureau of Permits and Inspections in carrying out this enforcement function, and it shall act as lead agency in those matters where it has primary jurisdiction.
The purpose of this chapter is to regulate the manner in which public health laws shall be enforced within the City of Millville to ensure the protection of the public health, safety and welfare of the citizens of Millville.
The rules and regulations adopted pursuant to Title 24 of the New Jersey Statutes shall be enforced by the local enforcing agency in accordance with the requirements established by state law.
The rules and regulations adopted pursuant to Title 26 of the New Jersey Statutes shall be enforced by the local enforcing agency in accordance with the requirements established by state law. These rules and regulations identify the following core activities as basic public health services which must be provided by local boards of health in all municipalities:
A. 
Administration. Public health services required in this area shall include administrative services, health promotion and public health nursing services.
B. 
Adult health services. Public health services required in this area shall include cancer services, cardiovascular disease services, diabetes services and health services for older adults.
C. 
Communicable diseases. Public health services required in this area shall include services for human immunodeficiency virus (HIV) infection, immunization, rabies and zoonoses control, reportable diseases, sexually transmitted diseases, and tuberculosis control.
D. 
Environmental health. Public health services required in this area shall include services for campgrounds, food surveillance, occupational health, public health nuisances, recreational bathing and youth camps.
E. 
Maternal and child health. Public health services required in this area shall include services for childhood lead poisoning, improved pregnancy outcome and infant and preschool children.
The following state laws are authorized to be enforced by the local enforcing agency pursuant to the provisions of the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) and the standards adopted by the New Jersey Department of Environmental Protection.
A. 
Air Pollution Control Act (1954).[1]
[1]
Editor's Note: See N.J.S.A. 26:2C-1 et seq.
B. 
Environmental Cleanup Responsibility Act (1983).[2]
[2]
Editor's Note: See N.J.S.A. 13:1K-6 et seq.
C. 
Noise Control Act of 1971.[3]
[3]
Editor's Note: See N.J.S.A. 13:1G-1 et seq.
D. 
Pesticide Control Act of 1971.[4]
[4]
Editor's Note: See N.J.S.A. 13:1F-1 et seq.
E. 
Radiation Protection Act (1958).[5]
[5]
Editor's Note: See N.J.S.A. 26:2D-1 et seq.
F. 
Solid Waste Management Act (1970).[6]
[6]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
G. 
Toxic Catastrophe Prevention Act (1985).[7]
[7]
Editor's Note: See N.J.S.A. 13:1K-19 et seq.
H. 
Water Pollution Control Act (1977).[8]
[8]
Editor's Note: See N.J.S.A. 58:10A-1 et seq.
I. 
Worker and Community Right to Know Act (1983).[9]
[9]
Editor's Note: See N.J.S.A. 34:5A-1 et seq.
State law provides that the New Jersey State Sanitary Code shall be enforced throughout the state. It shall be enforced by the local enforcing agency, the local police authorities, and the local Bureau of Permits and Inspections. However, the local enforcing agency shall be the lead agency with primary jurisdiction to enforce the code.
The Cumberland County Board of Health has adopted the Public Health Nuisance Code of 1953 which is enforceable within the City of Millville. The local enforcing agency is responsible for enforcement of this code within the City, and it shall cooperate with the local Bureau of Permits and Inspections in carrying out this enforcement function. However, the local enforcing agency is the lead agency with primary jurisdiction for enforcement of the code.
The Cumberland County Board of Health has adopted the Weed Control Code of New Jersey of 1953 which is enforceable within the City of Millville. The local enforcing agency is responsible for enforcement of this code within the City, and it shall cooperate with the local Bureau of Permits and Inspections in carrying out this enforcement function. However, the local enforcing agency is the lead agency with primary jurisdiction for enforcement of the code.
A. 
Purpose and scope. The purpose of this section is to adopt regulations prohibiting smoking inside government buildings to ensure the protection of the public health including the protection of public employees who work inside those buildings.
B. 
Definitions. As used in this section, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
GOVERNMENT BUILDING
Any building owned or leased by the City of Millville or any other governmental entity, and located within the City.
PERSON
A natural person, association, corporation, firm, partnership, trust or other legal entity.
SMOKING
The act of smoking or carrying a lighted or smoldering cigar, cigarette, or pipe of any kind, or lighting a cigar, cigarette or pipe of any kind.
C. 
Regulations. It shall be unlawful for any person to smoke inside any government building within the City of Millville. "No Smoking" signs shall be displayed conspicuously near each outside entrance to the building by the owner or person having control of the building.
D. 
Violations and penalties. Any person violating this section shall, upon conviction, be liable to a penalty not to exceed $500.
[Added by Ord. No. 31-1998]
All restaurants or other public accommodations operating an electronic device known as a "microwave oven" or "radar oven" at any time shall post conspicuously a notice at or near the entrance to the public accommodations, public area or restaurant in the following language:
WARNING
Microwave radiation present on these premises may affect the efficient operation of a heart pacemaker.
[Added 4-3-2018 by Ord. No. 17-2018]
A. 
Definitions. Whenever used in this section, the following words shall have the following meanings:
ELECTRONIC SMOKING DEVICE
The use of an electronic device that can be used to deliver nicotine or other substances to the person inhaling the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, cigarillo or pipe or any other matter or substance which contains tobacco.
TOBACCO PRODUCT
Any product containing tobacco or nicotine, including but not limited to cigars, cigarillos, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, and electronic cigarette cartridges.
B. 
Smoking or use of tobacco and tobacco related products upon City-owned properties is prohibited.
(1) 
No person shall engage in smoking or use of tobacco products while on City-owned properties.
(2) 
Employees engaged in smoking or use of tobacco products in an employee-designated smoking area are exempt from this restriction.
C. 
Enforcement.
(1) 
This section shall be enforced by the Police Department and/or any other person charged with the enforcement of ordinances in the City of Millville.
(2) 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct any official executing his or her official duty in a manner prescribed by law.
(3) 
Citizens may bring complaints against violators of this section.
D. 
Violations and penalties. Any person found to be in violation of this section shall, upon conviction, be subject to the following penalties:
(1) 
A fine of not less than $50 but not exceeding $100 for the first offense;
(2) 
A fine of not less than $100 but not exceeding $200 for the second offense;
(3) 
A fine of not less than $200 but not exceeding $500 for the third offense.