[HISTORY: Adopted by the Mayor and Council of the Borough
of Dunellen as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-6-2019 by Ord.
No. 2019-05]
The Borough Council finds that:
A.
Numerous studies have found that tobacco smoke is a major contributor
to outdoor pollution and breathing secondhand smoke is a cause of
disease in healthy nonsmokers.
B.
Secondhand smoke is particularly hazardous to children, the elderly,
individuals with cardiovascular disease and individuals with impaired
respiratory function, including asthmatics and those with obstructed
airway disease.
C.
The smoking of tobacco products is also a form of air pollution,
a danger to health and a material public nuisance.
D.
Electronic smoking devices have not been approved as to safety and
efficacy by the federal Food and Drug Administration, and their use
may pose a health risk to persons exposed to their smoke or vapor
because of a known irritant contained therein and other substances
that may, upon evaluation by that agency, be identified as potentially
toxic to those inhaling the smoke or vapor.
E.
As a result, the governing body of the Borough of Dunellen hereby
adopts the foregoing as justification for this chapter with the purpose
of protecting the public health and welfare by prohibiting smoking
in certain smoke-free public places, which are more specifically defined
below, to guarantee the right of nonsmokers to breathe smoke-free
air and to recognize the public's need to breathe smoke-free
air as a priority over an individual's desire to smoke.
The following words and phrases, whenever used in this chapter,
shall be construed as defined in this section:
All public parks, playgrounds, ball fields, and open land
which are open to the public, and which are publicly owned or leased
by the Borough of Dunellen, and all property owned or leased by the
Borough of Dunellen 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.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product or any other lighted
substance, or the inhaling, exhaling, burning or carrying of smoke
or vapor from an electronic smoking device, whether otherwise legally
possessed or consumed, in any manner or in any form.
Smoking is hereby prohibited in all public parks, open spaces
or recreational areas.
A conspicuous sign clearly stating that smoking is prohibited
shall be posted at each park, open space and recreational area. The
international "No Smoking" symbol may also be used, consisting of
a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it.
This chapter shall be enforced by the Dunellen Police Department,
Code Enforcement Officer, and Public Health Officer.
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.
