[HISTORY: Adopted by the Municipal Council of the City of Clifton 11-21-1995 by Ord. No. 5773-95. Amendments noted where applicable.]
As used in this chapter, the following words shall have the following meanings:
EMPLOYEE
Any person who is employed by the City of Clifton in consideration of direct or indirect monetary wages or profit and any person who volunteers his or her services for a nonprofit entity.
EMPLOYER
The City of Clifton or any person, partnership or corporation, including a municipal corporation, or nonprofit entity who employs the services of one or more individual persons.
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds, ball fields, publicly owned or leased by the City of Clifton and all property owned or leased by the City of Clifton 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, any parking area, driveway or drive aisle.
[Added 10-19-2010 by Ord. No. 6906-10]
SMOKING
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.
[Amended 6-19-2007 by Ord. No. 6667-07; 10-19-2010 by Ord. No. 6906-10]
[Amended 6-19-2007 by Ord. No. 6667-07]
A. 
Smoking shall be prohibited in all buildings owned, leased or rented by the City of Clifton. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of City Hall located at 900 Clifton Avenue, Clifton, New Jersey, pursuant to the authority of N.J.S.A. 2C:33-13, which provides that smoking may be prohibited by municipal ordinance in any public place, including but not limited to, places of public accommodation, and under the authority of N.J.S.A. 40:48-1, 40:48-2, and 26:3D-63. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of City Hall where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
C. 
Smoking shall be prohibited in all public parks, playgrounds, ball fields, publicly owned or leased by the City of Clifton and all property owned or leased by the City of Clifton 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, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
[Added 10-19-2010 by Ord. No. 6906-10]
The enforcement authority of this chapter shall be the Police Department, Fire Department, Housing Department and Health Department of the City of Clifton.
[Amended 6-19-2007 by Ord. No. 6667-07]
Any person who violates any provision of this chapter shall be subject to a fine pursuant to N.J.S.A. 2C:43-3 and/or N.J.S.A. 26:3D-62, as same may be amended from time to time. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the City of Clifton’s policies and procedures.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free place of employment or public place as set forth in this chapter.
[Amended 10-19-2010 by Ord. No. 6906-10]
The Health Department of the City of Clifton shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to those affected by it and to guide supervisors, employees and members of the public in their compliance with this chapter.