Township of Rochelle Park, NJ Chapter 159 Smoking

[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Tobacco — See Ch. 171.

Article I Municipal Buildings

[Adopted 12-16-1992 by Ord. No. 640-92]

§ 159-1 Definitions.

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.

§ 159-2 Smoking and use of electronic smoking devices prohibited in municipal buildings and on municipal property.

[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.

G. In the Community Center.

H. Carlock Field, including all buildings.

I. Matthew's Field, including all buildings.

§ 159-3 Conformity with state provisions; violations and penalties.

All necessary measures shall be taken to conform the Township of Rochelle Park smoking policy to P.L. 1985, c. 381,[1] 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.

[1] Editor's Note: See N.J.S.A. 26:3D-46 et seq.