Essex County, NJ Chapter 123 Smoking

[HISTORY: Adopted by the Essex County Board of Chosen Freeholders (now Board of County Commissioners) 10-7-2015 by Ord. No. O-2015-00012.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 74.

Tobacco vending machines — See Ch. 137.

[1] Editor's Note: This chapter also repealed former Ch. 123, Smoking, which was comprised of Art. I, Turtle Back Zoo, adopted 9-29-2005 by Ord. No. O-2005-00018, as amended.

§ 123-1 Title.

This chapter shall be known and may be cited as "Essex County Parks and Building Exterior Smoke Free Air Ordinance."

§ 123-2 Smoking prohibited.

Smoking (meaning the burning of, inhaling from or exhaling the smoke of or the possession of a lighted cigar, cigarette, pipe, e-cigarette, hookah or any other matter or substance which contains tobacco or any other matter that can be smoked) is prohibited within 25 feet of outside entrances, exits, or wheelchair ramps serving any entrance or exit, of all structures owned, leased, rented and/or operated by the County of Essex and used for the official business of the County of Essex County as well as the outdoor parks and recreational facilities listed below:

Anderson Park

Becker Park

Belleville Park

Branch Brook Park

Brookdale Park

Eagle Rock Reservation

Essex County Cedar Grove Park

Glenfield Park

Grover Cleveland Park

Hilltop Reservation

Independence Park

Ivy Hill Park

Kip's Castle Park

Mills Reservation

Mini-Golf Safari

Monte Irvin Orange Park

Presby Memorial Iris Gardens

Riker Hill Art Park

Riverbank Park

Riverfront Park

South Mountain Reservation

The Waterfront at South Mountain Recreation Complex

Treetop Adventure

Turtle Back Zoo

Vailsburg Park Verona Park

Veterans Memorial Park

Watsessing Park

Weequahic Park (excluding the Weequahic Park Golf Course)

West Essex Park

West Essex Trail

West Side Park

Yanticaw Park

§ 123-3 Enforcement; violations and penalties.

A. Any person found in violation of this chapter shall be ordered to comply with the provisions of this chapter.

B. A person after being so ordered who smokes in violation of this chapter is subject to prosecution and a fine of $200.

§ 123-4 Severability.

In the event that any section, sentence or clause of this chapter shall be declared illegal or unconstitutional by a court of competent jurisdiction, such declaration shall not, in any manner, prejudice the enforcement of the reaming provisions.