[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:
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]
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]
This playground is for the enjoyment of children; adult supervision
is recommended.
[Added 9-9-2008 by Ord. No. 12-2008]
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]
The gated entrance with information booth located between
the athletic field and the main parking lot for the park area.
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]
An individual, partnership, corporation, cooperative association
or any other legal entity.
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]
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.
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.
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 4-24-2012 by Ord. No. 3-2012]
[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.
