[HISTORY: Adopted by the Board of Health of the Borough of Madison as indicated in article histories. Amendments noted where applicable.]
This article shall be known as the "Prohibition of Smoking by Pupils on School Premises Ordinance."
The findings of the Board of Health concerning smoking on school premises are as follows:
The Board of Health has the primary statutory responsibility (N.J.S.A. 26:3D-15 et seq.) for implementation of the Board of Education policy for prohibition of use of tobacco by pupils on school premises.
The Board of Health adopts by reference the policy of the Board of Education governing Use of Tobacco by Pupils and incorporates the same as if set forth herein at length. (Policy No. 5512, adopted April 1984, last revised May 19, 1998.)
The Board of Health adopts by reference the policy of the Board of Education governing Smoking on School Premises and incorporates the same as if set forth herein at length. (Policy No. 7434, adopted September 16, 1986, last revised May 19, 1998.)
As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
- BOARD OF EDUCATION
- The Board of Education of the Borough of Madison.
- BOARD OF HEALTH
- The Board of Health of the Borough of Madison.
- Any student who attends any school, either public or private.
- Any school, either public or private, which shall make and enforce suitable regulations controlling or prohibiting the smoking of tobacco on its premises.
- The burning of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco.
- USE OF TOBACCO
- Smoking, as defined herein, and the use of any tobacco-containing product, including but not limited to smokeless tobacco, chewing tobacco and snuff.
The Board of Health prohibits smoking and the use of tobacco by pupils at any time in any school building, on school grounds, at any school-related activities away from school and on any transportation vehicle supplied by the Board of Education or private school administrative body.
The principal or his/her designee of each school building is authorized to report violations to the Board of Health in accordance with state law, borough ordinance and Board of Education regulations or policy adopted by private school administrative body, upon a third or any subsequent offense.
Upon a third or any subsequent offense, the principal or his/her designee shall report the violation to the Health Officer or his/her designee, who shall issue a summons for violation subjecting the pupil to a fine in accordance with state law and borough ordinance.
Unless otherwise provided by law, statute or ordinance, any pupil violating any of the provisions of this article shall, upon conviction thereof, pay a fine of not less than $25 nor more than $100, together with court costs. Complaint shall be made in the Municipal Court of the Borough of Madison.