[Adopted 9-5-2000 by Ord. No. 8-2000 (Ch. 86B, Art. IV, of the 1974 Code)]
A. 
Medical and scientific evidence indicates that tobacco use is a leading cause of preventable death in the United States.
B. 
Numerous studies have found that tobacco smoke is a contributor to air pollution and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
C. 
Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection and decreased respiratory function, including broncho-constriction and broncho-spasm.
D. 
The City of Northfield has determined that the public health of the residents and visitors of the City of Northfield will be promoted by eliminating the exposure of its citizens to airborne tobacco smoke and smoking-related refuse within the Birch Grove Park area, which includes the athletic field areas, the Northfield Bike Path, the Veterans Park and the First Street Playground.
[Amended 10-21-2003 by Ord. No. 9-2003; 8-10-2021 by Ord. No. 8-2021]
E. 
The State of New Jersey has banned the sale of sale of cigarettes or tobacco products in any form to minors pursuant to N.J.S.A. 2C:33-13.1.
[Amended 4-24-2012 by Ord. No. 3-2012]
[Amended 10-21-2003 by Ord. No. 9-2003; 9-9-2008 by Ord. No. 12-2008; 8-10-2021 by Ord. No. 8-2021]
The Council of the City of Northfield determines that the purpose of this article is to:
A. 
Protect and promote the public health and welfare of its community by completely prohibiting smoking within the Birch Grove Park area, which includes the athletic field areas, the Nortfield Bike Path, the Veterans Park and in the First Street Playground.
B. 
Control the litter of smoke-related refuse within the Birch Grove Park area, which includes the athletic field areas, the Northfield Bike Path, the Veterans Park and in the First Street Playground.
This article is enacted pursuant to the provisions of N.J.S.A. 26:3-1 et seq., N.J.S.A. 40:48-1 et seq. and the case law interpreting and supporting said statues.
As used in this article, the following terms shall have the meanings indicated:
ATHLETIC FIELD AREA
The public area that includes but is not limited to all baseball, softball, soccer, football fields and practice areas located west of Burton Avenue.
[Added 10-21-2003 by Ord. No. 9-2003]
BIRCH GROVE PARK
The City-owned recreation park and athletic fields located on Burton Avenue, Northfield, New Jersey, commonly known as "Birch Grove Park."
[Amended 10-21-2003 by Ord. No. 9-2003]
FIRST STREET PLAYGROUND
This playground is for the enjoyment of children; adult supervision is recommended.
[Added 9-9-2008 by Ord. No. 12-2008]
MAIN ENTRANCE
The area beginning at Burton Avenue at the athletic field and the parking area for the athletic fields to and including the park areas.
[Added 10-21-2003 by Ord. No. 9-2003]
MAIN PARKING LOT ENTRANCE
The gated entrance with information booth located between the athletic field and the main parking lot for the park area.
NORTHFIELD BIKE PATH
The municipal park recreation area also known as "Northfield Bike Path" located in the City of Northfield.
[Added 8-10-2021 by Ord. No. 8-2021]
PERSON
An individual, partnership, corporation, cooperative association or any other legal entity.
PLAYGROUND AREA
The area surrounding the playground equipment and miniature golf course, more specifically the area south of the Birch Grove Park Stand/Office Building and concrete picnic area to Campers Circle, the access road to the campground, west of the picnic area fence to the most western cyclone fencing in the miniature golf course. The playground area shall include the public rest rooms for the purpose of this smoking ban.
[Amended 10-21-2003 by Ord. No. 9-2003; 9-9-2008 by Ord. No. 12-2008]
SMOKE-RELATED REFUSE
Any used or unconsumed or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper or other natural or synthetic material or any combination thereof, but not limited to any cigarette, cigar, pipe, match, lighting device, paper or plastic packaging or containers, weed, plant or other combustible substance.
SMOKING or TO SMOKE
The act of inhaling, exhaling, burning or carrying any lighted cigarette, cigar; pipe, weed, plant or other combustible substance in any manner or in any form, including, but not limited to, tobacco or similar products.
VETERANS PARK
The public area that includes but is not limited to all park/memorial areas located on Block 14, Lot 10.01, in the City of Northfield, commonly known as 1913 Oak Avenue in the City of Northfield.
[Added 9-25-2018 by Ord. No. 9-2018]
[Amended 10-21-2003 by Ord. No. 9-2003; 8-10-2021 by Ord. No. 8-2021]
Smoking and vaping of of all types and of any substance including but not limited tobacco and cannabis shall be prohibited in all areas of: i) Birch Grove Park, which is located in the City of Northfield, with the exception of campsite locations; ii) the Northfield Bike Path, the athletic field area, the Veterans Park and in the First Street Playground located in the City of Northfield.
[Amended 10-21-2003 by Ord. No. 9-2003; 9-9-2008 by Ord. No. 12-2008; 8-10-2021 by Ord. No. 8-2021]
There shall be posted in all areas where smoking is prohibited conspicuous signs clearly stating that smoking is prohibited within all areas either by a sign indicating "No Smoking" or by the international "No Smoking" symbol.
A. 
A conspicuous sign shall be placed at the main parking entrance of Birch Grove Park and the First Street Playground clearing stating that smoking is prohibited in all areas, the ordinance number and the penalty.
B. 
Conspicuous signs shall be placed on the Northfield Bike Path and at the entrances to Birch Grove Park, the playground area, Veterans Park and athletic fields.
[Amended 10-21-2003 by Ord. No. 9-2003]
The Birch Grove Park Supervisor and/or his assistant and the Northfield Police Department shall be the enforcement agents for the provisions of this article.