[Adopted 12-16-1992 by Ord. No. 640-92]
As used in this article, the following terms
shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
A nonlighted, noncombustible device that employs a mechanical
heating element, battery, or circuit, regardless of shape or size,
to produce aerosolized or vaporized nicotine for inhalation into the
body of a person, including devices marketed as an e-cigarette, e-cigar,
e-pipe, e-hookah, vape pen, or any other similar product name or descriptor.
[Added 7-24-2019 by Ord.
No. 1140-19]
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco.
[Amended 7-24-2019 by Ord. No. 1140-19]
Smoking and the use of electronic smoking devices, as defined
above, are hereby prohibited in the following municipal buildings
and properties, specifically:
A. In the Township chambers during all public meetings.
B. In the caucus room at times when the work session of the Township
Committee is open to the public.
C. In the hallways and corridors of the Municipal Building.
D. In all offices in the Municipal Building, including Police Department
offices.
E. In the ambulance building.
F. In the Fire Department building.
H. Carlock Field, including all buildings.
I. Matthew's Field, including all buildings.
All necessary measures shall be taken to conform
the Township of Rochelle Park smoking policy to P.L. 1985, c. 381, as set forth in the following regulations:
A. The supervisor who shall ultimately control the activities
and conduct of employees shall be the Township Administrator.
B. The Township Administrator, in order to protect the
health, welfare and comfort of the employees from the detrimental
effect of tobacco smoke, shall establish a smoking area outside the
front door of the Municipal Building. In the Ambulance Building, smoking
shall be allowed in the lounge and smoking bay area. In the Fire Department
Building, smoking shall be allowed in the meeting room and bay area.
In the Community Center, smoking shall be allowed outside the front
door. There shall be placed in said area signs designating "Smoking
Area," and there shall be sufficient receptacles in which smoking
residue shall be placed.
C. The supervisor shall give notice of this Article and
proposed rules to all employees, and all employees and/or their duly
elected representatives shall have the right to be heard concerning
these proposed rules. These rules shall become effective after 30
days from the delivery of the written notice to the employees.
D. Any disciplinary action that shall be taken for violation
of these rules shall not involve suspension or termination until at
least six months following the date of the act.
E. The supervisor shall cause to be placed in the affected
areas signs with letters at least one inch in height stating "Smoking
Permitted" or "Smoking Prohibited." The supervisor shall be entitled
to use the appropriate international symbol. The signs shall also
indicate that violators are subject to a fine and that persons who
are smoking in nonsmoking areas may be denied the services of the
municipal government.
F. A municipal or county health officer, the supervisor
or a representative of the Police Department shall be designated to
enforce this Article and the regulations appended thereto. Any member
of the public or employee in the buildings who smokes in violation
of this Article, regulation or state statute shall be fined in an
amount not to exceed $25.
G. Any penalty recovered pursuant to this Article or
regulation shall be recovered in the name of the local Board of Health.
H. The Municipal Court shall have jurisdiction over the
proceedings to enforce and collect any penalty imposed because of
a violation.
I. All of the provisions set forth in N.J.S.A. 26:3D-46
et seq., P.L. 1985, c. 381, shall be incorporated by reference herein,
and any inconsistencies or discrepancies between this article and
the above-cited statute shall result in the Article or sections therein
being declared null and void, and the terms of the statute shall prevail.