[HISTORY: Adopted by the Board of Commissioners (now the Council) of the City of Perth Amboy: Art. I, 12-29-1954 as Ord. No. C-514; Art. II, 6-7-1995 as Ord. No. 768-95. Section 377-8 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
[Adopted 12-29-1954 as Ord. No. C-514]
For the purpose of this Article, the terms used herein are defined as follows:
CHIEF
The Chief of the Bureau of Fire Prevention of the City of Perth Amboy.
CITY
The City of Perth Amboy.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
It shall be unlawful for any person to smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark-, fire- or flame- producing device not specifically authorized for such place by the Chief, in any of the following places:
A. 
Retail stores. Retail stores designed and arranged to accommodate more than twenty (20) persons or in which more than five (5) persons are employed, except rooms designated as smoking rooms, rest rooms, restaurants and executive offices therein when specifically approved by the Chief by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property.
B. 
Elevators. Elevators, regardless of capacity, in any public place.
C. 
Beds in public lodging houses. In beds in hotels, dormitories, rooming and lodging houses. A printed notice advising the occupant of the effect of this subsection shall be posted in a conspicuous place in every sleeping room of the buildings enumerated above.
D. 
Public theaters. During a performance in public theaters, motion-picture houses or other auditoria used for such purposes, except rooms designated as smoking rooms, rest rooms, restaurants and executive offices therein when specifically approved by the Chief by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property.
E. 
Projection booths. Any projection booth, enclosure or other room in a public place in which any motion-picture machine is operated.
F. 
Buses. In buses and other public conveyances except taxicabs.
G. 
Dance floors. Dance floor of any tavern, restaurant, nightclub or other public place offering facilities for dining and dancing.
H. 
Public parks and recreational areas. In or on public parks, playgrounds, ball fields, recreational areas, and any adjacent parking area, driveway, and drive aisle, owned or otherwise possessed by the City of Perth Amboy.
[Added 2-27-2013 by Ord. No. 1665-2013]
The Chief shall have the authority to order "smoking prohibited by law" signs erected in any place of public assemblage where, in his opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match or any use of any spark-, flame- or fire-producing device not specially authorized for use in such place would constitute a menace to life or property.
Every person or his agent having control of premises upon which smoking or the carrying of lighted objects is prohibited by or under the authority of this Article shall conspicuously display upon the premises a sign reading "smoking prohibited by law."
No person shall smoke in any properly placarded place, nor shall any person remove, damage, deface or destroy any placard required to be erected by or under the authority of this Article.
No person shall throw hot or burning substances or objects such as cigars, cigarettes, papers, matches and ashes from windows and doors on any building or public place or from any moving vehicle.
No person shall throw or place hot or burning substances or objects such as cigars, cigarettes or the contents of a burning pipe in, upon or in close proximity to any public street or place where there is any material or condition which is combustible or liable to damage by heat, fire or explosion.
[Amended 12-21-1976 by Ord. No. 121-76]
Any person violating any of the provisions of this Article shall be deemed guilty of violating this Article and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500) or by imprisonment not exceeding ninety (90) days, or by both said fine and imprisonment.
[Adopted 6-7-1995 as Ord. No. 768-95]
The purpose of this Article is to minimize the annoyance, nuisance and health hazard which result from secondhand smoke to a substantial portion of the nonsmoking public which work and visit city-owned buildings.
As used in this Article, the following terms shall have the meanings indicated:
SMOKING
The burning or lighting of a cigar, cigarette, pipe or any other matter or substance which contains tobacco.
Smoking is prohibited in all buildings or structures owned and maintained by the City of Perth Amboy.
Any person who violates the provisions of this Article shall be subject to a fine not less than twenty-five dollars ($25) and not more than fifty dollars ($50).