[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-9-2000 by Ord. No. 1555]
[Amended 6-28-2016 by Ord. No. 1892]
The smoking of tobacco products within or on
any school facility, property or vehicle owned, leased or contracted
by the district by an individual within the Borough of Middlesex is
prohibited. Consistent with N.J.S.A. 26:3D-16,[1] “smoking or vaping” means the burning of a
lighted cigar, cigarette, pipe or any other matter or substance which
contains tobacco or a nicotine delivery system, except as part of
a classroom instruction or theatrical production.
[1]
Editor’s Note: See now N.J.S.A. 26:3D-57.
Section 343-1 shall be enforced by the administrative officials of the district and/or school facility or property where such prohibited activities are undertaken, or the administrative officials of the district, or both. In the case of any vehicle, § 343-1 shall be enforced by the administrative officials of the facility at which the vehicle is operated, or the administrative officials of the district, or both.
Any individual guilty of smoking tobacco products
at any school facility, property or vehicle will be subject to a fine
of up to $100 and/or community service, including a smoking cessation
program, as determined by the court. Penalties issued by the court
shall in no way relieve a student of the punishment outlined in the
Board of Education policy.
Signs shall be posted in prominent locations at the perimeter of all school grounds and at the public entrance to all school facilities or property owned, leased or contracted by the district within the Borough of Middlesex indicating that smoking is prohibited and violators will be subject to a fine as set forth in § 343-3 of this article.
[Adopted 4-9-2002 by Ord. No. 1556]
A.
Smoking
shall be prohibited at all times in all enclosed public places within
the Borough of Middlesex, including, but not limited to, the following
places:
(1)
All
enclosed areas available to and customarily used by the general public
and all areas of business establishments and nonprofit entities generally
accessible to the public, including, but not limited to, the public
areas of retail stores, banks, offices, movie theaters, laundromats,
hotels, motels, sports arenas, and bowling facilities.
(2)
All restaurants and bars in accordance with N.J.S.A.
26:3E-7 to 26:3E-13 are exempt from this article.
[Amended 5-14-2002 by Ord. No. 1558]
(3)
All outdoor areas within 10 linear feet from any and
all entrances and exits of any and all enclosed indoor areas where
smoking is prohibited, to ensure that tobacco smoke does not enter
the smoke free indoor areas through entrances, windows, ventilation
systems, or any other means.
(4)
All rest rooms, lobbies, reception areas, hallways,
elevators, service lines, and any other common-use areas in enclosed
public places.
(6)
All lobbies, hallways, elevators, and other common
areas of multiunit residential buildings, including, but not limited
to, apartment buildings, condominiums, town houses, trailer parks,
retirement facilities, and nursing homes.
(7)
All buses, taxis, other means of public transit and
waiting areas of public transit depots, and limousine and car services.
(8)
All private residences that are used as child-care
or health-care facilities.
(9)
All health-care facilities, including but not limited
to, clinics, physical therapy facilities, and offices of doctors,
dentists, chiropractors, and psychiatrists.
(10)
All enclosed facilities owned, leased, or operated
by the Borough of Middlesex.
(11)
All museums, galleries, and libraries.
(12)
All auditoriums, stages, performance halls or any
venue wherein performance and demonstration occurs.
(13)
Sports arenas and gymnasiums.
(14)
Schools.
B.
For the
purposes of this chapter, "smoking" shall include the smoking of tobacco
or tobacco products and the smoking, vaping, aerosolizing, or otherwise
consuming of cannabis or cannabis items.
[Added 5-25-2021 by Ord.
No. 2033]
Notwithstanding any other provision of this
article, any owner, operator, manager, or other person who controls
any establishment or facility may declare that entire establishment
or facility as a smoke-free establishment, and is encouraged to do
so.
[Amended 5-14-2002 by Ord. No. 1558]
All employers within the boundaries of Middlesex
Borough shall provide a smoke-free workplace for all employees. Every
employer shall establish written rules governing smoking in that portion
within a building for which the employer is responsible. The rules
shall contain a written policy and procedure to protect the health,
welfare and comfort of employees from the detrimental effects of tobacco
smoke, which policy shall include designated nonsmoking areas but
may include designated smoking areas. Nothing in this act shall prevent
any rule, policy or procedure concerning smoking, which is not contrary
to the provisions of this act, from being established by the employer
or negotiated as a term or condition of any agreement or contract
of employment. Employees shall be provided with a copy of the written
rules upon request.
[Amended 5-14-2002 by Ord. No. 1558; 6-28-2016 by Ord. No. 1892]
A.
No person shall smoke while on the outdoor grounds
of any and all of the Borough public parks, whether owned, leased
or utilized by the Borough, including recreational areas.
B.
Smoking is prohibited at any and all educational facilities.
C.
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) specifically
authorizes local restrictions on smoking equivalent to, or greater
than, those provided in the NJSFAA for purposes of protecting public
health.
Voluntary compliance with the outdoor public
properties section of this article is encouraged for all outdoor public
lands within the Borough of Middlesex, and these areas shall be posted
as such.
No-smoking signs shall be clearly, sufficiently,
and conspicuously posted at every entrance to every public place where
tobacco use is prohibited by this article. The sign shall be posted
by the owner, operator, manager, or other person having control of
such building or outdoor public property. The sign(s) shall have the
words "No Smoking" in lettering that is not less than two inches in
height, or shall contain the international no-smoking sign or symbol
(consisting of a pictorial representation of a burning cigarette enclosed
in a circle with a bar diagonally through the cigarette) that is not
less than two inches in height.
No person or employer shall discharge, refuse
to hire, or in any manner retaliate against any employee or applicant
for employment because such employee or applicant exercises any right
to a smoke-free environment afforded by this article.
The Health Officer, Board of Health, and Advisory
Committee on Tobacco Reduction shall engage in a continuing program
to explain and clarify the purpose and requirements of this article
to citizens affected by this article, and to guide owners, operators,
and managers in their compliance. Such a program may include publications
explaining the provisions of this article.
A.
The Health Officer, or designee, and the Police Department
are hereby charged with the enforcement of this article. All members
of the Health Department and the Police Department are hereby designated
as enforcement officers for the purpose of enforcement of this article.
B.
Any employee or person who desires to register a complaint
under this article may initiate enforcement with the Health Officer,
or designee.
C.
Notwithstanding any provision of this article, any
person or employee may bring legal action to enforce this article.
D.
Any owner, manager, operator, or employee of any establishment
regulated by this article, or any citizen may inform persons perceived
to be violating this article of the appropriate provisions of this
article.
A.
It shall be a violation of this article for any owner,
operator, manager, or person who controls any premises subject to
this article to fail to comply with any of its provisions.
B.
It shall be unlawful to smoke or carry a lighted cigarette,
cigar, or pipe where smoking is prohibited.
C.
Any person who violates any provision of this article
shall be guilty of an infraction, punished by:
(1)
A fine, not less than $50 and not greater than $100,
for the first violation.
(2)
A fine, not less than $100 and not greater than $200,
for the second violation, and community service.
(3)
A fine, not less than $250 and not greater than $500,
and community service, for the third and any subsequent violation.
Notwithstanding any other provision of this
article, any owner, operator, manager, employer, or other person who
controls any establishment or place of employment regulated by this
article may adopt policies relating to smoking which are more comprehensive
than those provided herein.
No provision in this article shall be construed
or interpreted to allow smoking where it is otherwise restricted by
other laws.
