[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:
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.
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.
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.
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.
[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.
[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.
