[Adopted 8-18-2003 by Ord. No. 1475-2003]
[Amended 2-7-2011 by Ord. No. 1684-2011]
The health, litter, refuse and debris hazards
and burdens referenced above[1] are sufficient reasons for action to attempt to reduce
and eliminate such problems at the locations indicated.[2]
[1]
Editor's Note: The preamble of this ordinance
reads: “Whereas medical and scientific evidence indicates that
tobacco use is a leading cause of preventable death in the United
States; and whereas 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 ...whereas, smoking
tobacco and other plants or vegetation used for smoking, paper, packages,
matches and matchbook covers or boxes, and other materials which customarily
accompany smoking, and often are discarded by smokers and create litter,
refuse and debris at such locations, and that are difficult to clean
up and dispose of, and create an undue burden on the Township’s
facilities and its sanitation crews charged with such responsibility...”
[2]
Editor's Note: The locations indicated in
the preamble to this ordinance are:
(1) Mizpah ball field, Railroad Blvd., Mizpah
Section, 9.26 acres.
(2) Knight Avenue ball field, Harding Lakes,
Mays Landing Section, 3.82 acres.
(3) Underhill Park, Old Egg Harbor Road, Mays
Landing Section, 71.13 acres.
(4) Hickory Street Soccer Facility, Laureldale
Section, 33.53 acres.
(5) Cologne Avenue ball field, Cologne Section,
5.49 acres.
(6) Liepe Tract Recreation Complex, Leipzig
Avenue, Cologne Section, 60 acres.
(7) Township Hall, 6101 Thirteenth Street, Mays Landing, New
Jersey, and all adjacent parking lots and ancillary facilities located
on the northern side of Thirteenth Street.
(8) Frank Grieco Social Services Center, 1309 Route 50, Mays
Landing, New Jersey, and all adjacent parking lots and ancillary facilities
located on the western side of Route 50.
[Amended 8-15-2016 by Ord. No. 1829-2016]
Smoking of any kind shall be and hereby is prohibited
at all such locations referenced above. In addition, smoking of any
kind shall be and is hereby prohibited at a certain area of the Cove,
Park Road, Mays Landing Section, to be designated "NO SMOKING" by
the Township Committee. The Township of Hamilton will post signs at
all locations referenced above designating the locations as areas
where smoking is prohibited. The areas restricted are listed below:
Location
|
Block
|
Lot
|
Tax Map Page
|
Location
|
---|---|---|---|---|
Mizpah ball field
|
515
|
1
|
14
|
6925 Railroad Avenue
|
Knight Avenue ball field
|
693
|
1
|
26.02
|
6207 Knight Avenue
|
Underhill Park
|
809
|
32
|
31.05
|
129 Old Egg Harbor Road
|
Hickory Street Soccer Facility
|
948
|
8
|
35
|
5670 Hickory Street
|
Cologne Avenue ball field
|
1140
|
1
|
47
|
2850 Cologne Avenue
|
Liepe Tract Recreation Complex
|
1141
|
12
|
47
|
3155 Leipzig Avenue
|
Township Hall
|
786
|
1.01
|
31.03
|
6101 Thirteenth Street
|
Frank Grieco Social Service Center
|
786
|
1.01
|
31.03
|
1309 Route 50
|
Cove Beach
|
588
|
114
|
28.04
|
577 Park Road
|
As used in this article, the following terms
shall have the meanings indicated:
The act of lighting by fire by any means, and/or the act
of inhaling, exhaling, burning, or carrying any lighted smoking product,
including but not limited to a cigarette, electronic smoking devices
(ESD), cigar, pipe, tobacco, weed, plant or other vegetation or similar
material.
[Amended 8-15-2016 by Ord. No. 1829-2016]
It shall also be unlawful to discard litter,
refuse and debris as described above at such locations.
The Township Committee of the Township of Hamilton
shall have the power and obligation to prepare reasonable rules and
regulations and amendments thereto intended to notify the public by
signage and other means, and to encourage compliance by the public
with the smoking and smoking materials litter prohibitions.
Any person violating any of the no smoking and
smoking materials littering terms of this article may be required
by any member of the Township’s Police Department to remedy
the situation immediately in the following manner:
The Township’s Police Department may charge
the violator with the offense of violation of this article, said offense
to be listed and heard in Municipal Court, the fine for which in the
event of a finding of guilty shall be not less than $50 for a single
offense and not more than $500 for more than a single offense, as
shall be determined in the discretion of the Municipal Court Judge.
Nothing herein shall preclude the Police Department from charging
a violator with a charge or charges of violation under any other ordinance
or law of the State of New Jersey that may apply to the offense, in
addition to or as an alternative to a charge or charges under this
article.