[HISTORY: Adopted by the Council of the Township of Montclair as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-1981 by Ord. No. 81-37 (Ch. 149 of the 1979 Code)]
No person shall detain or fail to return any book, periodical, pamphlet, artistic reproduction, phonograph recording, audiovisual material or any other item borrowed from the Free Public Library of the Township of Montclair after 30 days have elapsed from the date of posting, by certified mail, return receipt requested, of a notice demanding return thereof, addressed to said person at the last furnished address.
No person shall cut, tear, deface, disfigure, damage or destroy any book, periodical, pamphlet, artistic reproduction, phonograph recording, audiovisual material or any other item, or any part thereof, borrowed from, owned by or in the custody of said library.
The Library Board shall adopt and post in a conspicuous place in the Free Public Library buildings rules, regulations and procedures governing the borrowing of books, periodicals, pamphlets, artistic reproductions, phonograph recordings, audiovisual materials and any other items available for borrowing by the public.
No person shall remove any book, periodical, pamphlet, artistic reproduction, phonograph recording, audiovisual material or any other item from the Free Public Library buildings without complying with the rules, regulations and procedures of the library for borrowing such items.
For any violation of § 204-1 hereunder, the Attorney, or other designated agent for the Library Board, is authorized to file a complaint in the Municipal Court only after the following condition has been met: The Attorney or other authorized agent for the Library Board has sent a second certified letter, return receipt requested, after 35 days have elapsed from the date of posting of the first certified letter mentioned in § 204-1 above, informing the person that the book or other item is still overdue and that said person is subject to prosecution pursuant to this article.
Any person who violates or refuses to comply with the provisions of this article shall, upon conviction thereof, be subject to a fine of $50. A fine of $100 shall be imposed for the second and each succeeding offense.
[Adopted 7-16-2013 by Ord. No. O-13-32]
It is the intent of the Council of the Township of Montclair, in enacting this article, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-tobacco-users, especially children; by protecting the public from exposure to secondhand smoke; and by affirming and promoting a healthy environment in the Township of Montclair.
The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:
- LIBRARY GROUNDS
- The entire lot on which a branch of the public library is situated, including all outside or partially enclosed areas within the boundaries of the lot.
- PUBLIC LIBRARY
- All branches of the Montclair Free Public Library, present and future. Presently, the main branch is located at 50 South Fullerton Avenue and the Bellevue branch is located at 185 Bellevue Avenue.
- TOWNSHIP PROPERTY
- Property owned by the Township of Montclair, including rights-of-way, roadways and sidewalks.
- The gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts. The term "smoke" includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.
- Engaging in an act that generates smoke, such as, without limitation, possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
Each incident of smoking in violation of this article is an infraction subject to a fine of $50 for the first offense and $100 for each subsequent offense.
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall also constitute a violation of this article.
Any violation of this article is hereby declared to be a nuisance.
Enforcement of this section may be by the Police Department, Fire Prevention Officer, Health Inspector or Code Enforcement Officer.