[HISTORY: Adopted by the Township Committee of the Township of Harrison 5-3-1999 by Ord. No. 8-1999; amended in its entirety 4-15-2019 by Ord. No. 11-2019. Amendments noted where applicable.]
As used in this chapter, the following words shall have the following meanings:
- 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.
- ENCLOSED AREA
- All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
- 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.
- MUNICIPAL BUILDINGS AND GROUNDS
- Includes all structures and property owned, leased, rented and/or operated by the Township of Harrison, and/or occupied by employees and used for official business of Harrison Township.
- PARKS AND RECREATIONAL FACILITIES
- Includes all public parks, playgrounds, ball fields, and all property owned or leased by Harrison Township upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, sidewalks, any parking area, driveway or vehicle passageway located within an area used for the parking of vehicles.
- The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- TOBACCO RETAIL ESTABLISHMENT
- An establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
- A structurally enclosed location or portion thereof at which a person performs any type of service or labor.
Smoking shall be prohibited in all municipal buildings, public parks, recreational facilities and/or indoor public places.
Smoking shall be prohibited within a twenty-five-foot radius of all entrances of all municipal buildings and recreational facilities.
Smoking shall be prohibited in any municipal vehicle registered to or leased by the Township of Harrison.
Unless otherwise specified herein, for a violation of any provision of this article, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to 90 days or a period of community service not exceeding 90 days, or any combination thereof. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
All fines and penalties under this chapter may be paid directly to the Municipal Court Administrator.