City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange 12-5-2016 by Ord. No. 56-2016.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch. 256 but was renumbered to maintain the alphabetical organization of the Code.

§ 230-1 Definitions.

As used in this chapter, the following words shall have the following meanings:
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter wall of a structure.
MUNICIPAL BUILDINGS
Shall include all structures owned, leased, rented and/or operated by the City of East Orange and/or occupied by City employees and used for official business of the City of East Orange.
PARKS AND RECREATIONAL FACILITIES
Shall include all public parks, playgrounds and ball fields publicly owned or leased by the City of East Orange and all property owned or leased by the City of East Orange upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of, a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

§ 230-2 Prohibition of smoking in public places; signs.

A. 
Smoking shall be prohibited in all municipal buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a fifty-foot radius of the entrances of all municipal buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and in locations to provide adequate notice to the public that smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine. The "within" prohibition contained in this subsection shall not apply to designated smoking areas. The designated smoking area at the specific municipal buildings shall be determined and designated by the City Administrator after consultation with the Chief of the Fire Department and the Director of the Department of Public Works. "Designated Smoking Area" signs shall be clearly, sufficiently and conspicuously posted in all areas exempt from this subsection.
C. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of East Orange and all property owned or leased by the City of East Orange upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
D. 
Smoking shall be prohibited in any vehicle registered to the City of East Orange.

§ 230-3 Enforcement.

The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the City of East Orange.

§ 230-4 Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the City of East Orange policies and procedures.

§ 230-5 Rental housing and condominiums.

A. 
Smoking policy.
(1) 
Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings:
SMOKING
Any person carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke.
(2) 
Smoking policy disclosure. A landlord who, or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises.
(3) 
Notification. A landlord who, or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement for residential premises shall provide written notice to a tenant or potential tenant regarding the allowance or prohibition of smoking on the premises. The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed. A landlord who, or other person who, on behalf of a landlord, enters into a lease or tenancy at will agreement for residential premises shall, on a form prescribed by the Department of Health of the City of East Orange, notify a tenant or potential tenant of the smoking policy. The disclosure form must include an acknowledgement that the tenant or potential tenant has received the disclosure form required by this subsection. Before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who acts on behalf of a landlord shall provide the disclosure form to the tenant or potential tenant, obtain the tenant's or potential tenant's signature on the disclosure form and sign the disclosure form. The Department of Health of the City of East Orange shall post and maintain the disclosure form required by this subsection on a publicly accessible website in a format that is easily downloaded.
(4) 
Penalty. A person who violates this section commits a civil violation for which a fine of not more than $250 per violation may be assessed. This subsection is enforceable in the Municipal Court of the City of East Orange.