[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.
As used in this chapter, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter wall of a structure.
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.
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.
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.
A.Â
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.Â
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.Â
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.Â
Smoking shall be prohibited in any vehicle registered to the City
of East Orange.
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.
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.
A.Â
Smoking policy.
(1)Â
SMOKING
Definitions. For the purposes of this section, unless the context
otherwise indicates, the following terms have the following meanings:
Any person carrying or having in one's possession a
lighted cigarette, cigar, pipe or other object giving off tobacco
smoke.
(2)Â
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)Â
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)Â
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.
