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Township of Robbinsville, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township of Washington (now Township of Robbinsville) as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-31-2001 by Ord. No. 2001-37 as § 3-12 of the 2001 Code]
[Added 10-3-2019 by Ord. No. 2019-38[1]]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, as defined in N.J.S.A. 26:3D-57.
INDOOR PUBLIC PLACE
A 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 licensed pursuant to P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child-care center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.); 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, as defined in N.J.S.A. 26:3D-57.
SCHOOL PROPERTY
Any school buildings and school grounds and includes, with respect to public and nonpublic elementary and secondary schools: land, portions of land, structures, buildings, and vehicles, owned, operated or used for the provision of academic or extracurricular programs sponsored by a school or a community provider and structures that support these buildings, such as school wastewater treatment facilities, generating facilities, and other central service facilities, including, but not limited to, kitchens and maintenance shops; athletic stadiums, swimming pools, any associated structures or related equipment tied to such facilities, including, but not limited to, grandstands and night field lights, greenhouses, garages, facilities used for noninstructional or noneducational purposes, and any structure, building or facility used solely for school administration; playgrounds and recreational places owned by local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land.
SMOKING
The inhaling, exhaling, burning or carrying of any lighted cigarette, cigar, pipe, electronic smoking device, or other similar devices that contain tobacco and/or other similar devices that contain tobacco and/or other similar devices which burn tobacco or similar materials.
[1]
Editor's Note: This ordinance also renumbered former §§ 211-1 through 211-5 as §§ 211-3 through 211-5.2, respectively.
[Added 10-3-2019 by Ord. No. 2019-38]
A. 
Smoking is prohibited in an indoor public place.
B. 
Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
C. 
No person attending an athletic and/or recreational event that takes place on Township or school property shall smoke in any area closer than 50 feet from the boundary of any athletic field and/or within 50 feet of any of the event participants whether or not such participants are engaged in event activities. No smoking shall take place in any restrooms serving an athletic and/or recreational event on Township or school property during the course of an athletic or recreational event. Smoking is prohibited within 50 feet of any area where food or beverages are served in connection with an athletic and/or recreational event. This prohibition shall apply only to those athletic or recreational events where any of the participants are 18 years of age or younger.
[Amended 10-3-2019 by Ord. No. 2019-38]
The governing body does hereby determine that the smoking of tobacco or similar products in any form is harmful to the public health and welfare and constitutes a fire hazard and nuisance in public buildings and meeting rooms in the Township and requires the prohibition thereof.
[Amended 10-3-2019 by Ord. No. 2019-38]
No person shall smoke or carry a lighted cigar, cigarette, electronic smoking device, or pipe or use any match, spark, flame, or fire-producing device for the purpose of lighting any cigar, cigarette, or pipe in any building owned, operated, or otherwise under the control of the Township or any of its agencies, departments or commissions, which is open to the public for meetings or events, or in conjunction with the conduct of Township-related business, provided a "Smoking Prohibited By Law" sign has been posted conspicuously therein.
Every person having control of any premises upon which smoking is prohibited by this article shall conspicuously display, upon the premises or portion of the premises concerned, sufficient signs reading "Smoking Prohibited by Law."
No person shall remove, deface or conceal any placard required or erected by or under the authority of this article.
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article II, General Penalty.
[Adopted by Ord. No. 96-7 (§ 3-13 of the 2001 Code)]
A. 
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines; and the state of New Jersey has banned the sale or furnishing of cigarettes or tobacco, in any form, to minors under the provisions of N.J.S.A. 2A:170-51. The governing body is unable to prevent the sale of cigarettes to minors by vending machines, and no penalty has been imposed by state law upon minors for the purchase of cigarettes.
B. 
The governing body is authorized to enact ordinances not contrary to the laws of this state, or of the United States, as it may deem necessary and proper for the protection of persons and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants.
A. 
All vending machines dispensing cigarettes and/or tobacco products are hereby prohibited in the Township of Robbinsville, except those located in bars, taverns or liquor stores, but no such vending machines shall be permitted in the lobby, vestibule or foyer area of a tavern, bar or liquor store where it would be accessible to minors.
B. 
Self-service tobacco displays, that is, any racks, stands, or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer, are prohibited.
C. 
Penalty. Any person owning, operating, renting, or permitting the use of a cigarette and/or tobacco product vending machine on premises under his control, other than a bar, tavern or liquor store, or allowing self-service display shall be subject to the penalties provided in Chapter 1, Article II, General Penalty.
A. 
Smoking and the use of tobacco products in public by minors is prohibited.
[Amended 8-30-2005 by Ord. No. 2005-29]
B. 
Penalty. Any minor guilty of public smoking and/or the use of tobacco products will be subject to a fine of up to $50 and/or community service as determined by the court.
Section 211-7A and B hereof shall be enforced by the Township Health Officer. Section 211-8 shall be enforced by the Township Police Department.