[HISTORY: Adopted by the Township Council
of the Township of Cedar Grove as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and e-cigarettes — See Ch. 117.
[Adopted 4-25-2005 by Ord. No. 05-629]
The Township Council of the Township of Cedar
Grove does hereby find and determine that:
A.
Numerous studies have found tobacco smoke is a major
contributor to air pollution.
B.
The United States Environmental Protection Agency
(USEPA) has designated secondhand smoke as a "Class A" carcinogen
as well as a significant cause of respiratory problems in children.
C.
Reliable studies have shown that environmental tobacco
smoke is a cause of cardiovascular disease in nonsmokers and that
breathing environmental tobacco smoke is a significant health hazard
for children, the elderly and individuals with cardiovascular disease,
impaired respiratory function and asthma.
D.
The United States Surgeon General has found that separating
smoke from nonsmokers within the same air space does not eliminate
the exposure of nonsmokers to environmental tobacco smoke.
E.
The Cedar Grove Township Board of Education is publicly
committed to have a tobacco-free school environment to protect the
health of its students and staff members.
F.
The use of any tobacco product presents a significant
health hazard to the students and staff members of the Cedar Grove
Township Board of Education.
G.
The sale of all tobacco products to minors is an illegal
act in the State of New Jersey.
H.
The Cedar Grove Township Board of Education needs
the support of the entire Cedar Grove community to effect meaningful
change in this important health matter.
I.
The Municipal Council of the Township of Cedar Grove
finds that it is within its inherent governmental powers conferred
upon it by N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2 to implement and
enforce the provisions of this article regulating smoking in school
buildings under the control of the Board of Education of the Township
of Cedar Grove.
As used in this article, the following words
and terms shall be defined as set forth below. All other terms, words
and phrases not defined herein shall be given their customary meaning.
The walkways, parking areas, driveways, lawns, yards, gardens
of any school building, athletic fields, vehicles in parking areas
and all accessory structures, improvements or appurtenances used for
the management, operation or maintenance of the school building.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any building, structure, facility or complex used by students
and/or the general public, or to which students and/or the general
public are invited, which is constructed and/or operated or leased
by the Board of Education of the Township of Cedar Grove, including
school district offices or work areas.
The inhaling, exhaling, burning or carrying of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form.
Smoking shall be prohibited in the following
places:
A.
Every room, chamber, lobby, hallway and the common
areas of any school buildings which are under the control of the Board
of Education of the Township of Cedar Grove as well as school vehicles.
"No Smoking" signs or the international "No
Smoking" symbol shall be clearly and conspicuously posted by the person
in control of every school building where smoking is controlled by
this article. The color of such signs, when not of the international
type, shall have letters that are distinct, contrasting to the background,
and easily read. Letters shall have a minimum height of three-quarters
of an inch. The "No Smoking" signs shall be posted, at a minimum,
on every doorway which provides an entry to the school building.
The provisions of this article shall be primarily
enforceable by the Board of Education of the Township of Cedar Grove
and its administration and employees with the assistance of the Township
Police Department by the filing of a complaint in the Municipal Court
of the Township of Cedar Grove.
A.
Any person who smokes in an area in which smoking
is prohibited by the provisions of this article shall, upon conviction,
be subject to a fine of up to $50 and 15 hours of community service
for the first offense, up to $100 and 30 hours of community service
for the second offense, and $250 and 50 hours of community service
for the third and each subsequent offense.
B.
Any person found guilty of defacing or removing "No
Smoking" signs, which are required by this article, shall be subject
to a fine of not less than $100 nor more than $200 plus the cost of
replacing the sign.
[Adopted 2-6-2017 by Ord.
No. 17-804]
As used in this article, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by the Township of Cedar Grove, and/or occupied by Township employees
and used for official business of the Township of Cedar Grove.
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the Township of Cedar Grove and all property owned
or leased by the Township of Cedar Grove 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.
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.
A.
Smoking shall be prohibited in all municipal buildings as defined
herein. 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 municipal
building entrance and within each closed area where smoking is prohibited
by this article. 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 all municipal buildings. 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 all municipal buildings where smoking
is prohibited by this article. 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 and recreation facilities
owned or leased by the Township of Cedar Grove and all property owned
or leased by the Township of Cedar Grove 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 article. 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.
D.
Smoking shall be prohibited in any vehicle registered to the Township
of Cedar Grove.
The enforcement authority of this article shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the Township of Cedar Grove.
Any person who violates any provision of this article shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any municipal employee found in violation of this article may also
be subject to discipline in accordance with the provisions of the
Township of Cedar Grove's policies and procedures.
