[Adopted 8-11-1998 by Ord. No. 324-B-98]
As used in this article, the following terms shall have the meanings
indicated:
Includes land and school facilities, as defined in N.J.A.C. 6A:26-1.2
when used for the provision of academic or extracurriculum programs by the
district. School grounds includes playgrounds and recreational places. School
grounds also includes that portion of land, school facilities and other facilities
owned by local municipalities, private entities or other individuals during
those times when the district has exclusive use of such land, school facilities,
or other facilities for the provision of academic or extracurriculum programs.
[Added 12-10-2002 by Ord. No. 324-C-02]
The use of a lighted cigar, cigarette, pipe or any other matter or
substance which contains tobacco and/or other similar products.
Any school board having a public school building or public school property
located within the Township of Brick shall make and enforce regulations to
prohibit the use of tobacco products anywhere in its building and on its grounds
except as part of a classroom instruction or theatrical production. The regulations
shall also provide for additional specified limitations regarding smoking
on the school grounds as designated by the Board of Education.
The Superintendent of the school district or his designee or any other
person having control of school property or any agent thereof or a police
officer or other public servant engaged in the execution or enforcement of
this article, or any other citizen, may sign a complaint against any individual
for violation of the provisions of this article.
Upon the signing of a Complaint as provided herein against a person
under the age of 18, the Municipal Court shall subpoena the parent(s) and/or
guardian(s) of the person charged to appear at the Municipal Court hearing.
Every public entrance to each school within the Township of Brick shall
be posted by a person who has control of the building with a sign indicating
that the use of tobacco products is prohibited in the building and shall further
indicate that violators are subject to a fine and/or punishment, including
but not limited to community service. This sign shall be clearly visible to
the public and shall contain letters or a symbol which contrast in color with
the sign. Similar signs shall be posted at visually accessible sites on the
boundaries of the school property.
Any person who violates of this article shall appear before the Brick
Township Municipal Court and shall be subject to punishment as follows:
A.
First offense: up to 15 hours of community service at
a place designated by the Municipal Court.
B.
Second offense: up to 30 hours of community service in
a place designated by the Municipal Court and/or a fine up to $100.
C.
Third and subsequent offense: up to 50 hours of community
service in a place designated by the Municipal Court and/or a fine up to $250.
D.
Community service may include participation in a nonsmoking
educational or support program approved by the Municipal Court.
