Borough of Middlesex, NJ
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2023-10-10
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Part II, General Legislation
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Chapter 344 Smoking: Cannabis Limitations
- Part I, Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Background Checks, Criminal History Record
- Ch 6 Bylaws of Council
- Ch 10 Claims, Payment of
- Ch 12 (Reserved)
- Ch 14 Cooperative Pricing
- Ch 18 Court, Municipal
- Ch 19 Culture and Heritage Committee
- Ch 23 Defense and Indemnification
- Ch 26 Board, Committee, and Commission Meeting Attendance
- Ch 28 (Reserved)
- Ch 32 Environmental Commission
- Ch 36 Emergency Management
- Ch 40 Fire Department
- Ch 44 Flood Control Commission
- Ch 48 Health, Board of
- Ch 52 Housing and Community Development Advisory Committee
- Ch 56 Land Use Procedures
- Ch 60 Map, Official
- Ch 62 Municipal Alliance Committee on Alcoholism and Drug Abuse
- Ch 64 Mutual Assistance
- Ch 68 Officers and Employees
- Ch 72 Payroll Procedures
- Ch 76 Pensions
- Ch 80 Police Department
- Ch 84 Political Fund-Raising
- Ch 86 Filming
- Ch 88 Purchasing Department
- Ch 92 Department of Public Recreation and Senior and Disabled Services
- Ch 93 Recreation and Parks Improvement Committees
- Ch 94 Redevelopment Committee
- Ch 96 Salaries and Compensation
- Ch 100 Shade Tree Commission
- Ch 103 Traffic Safety Committee
- Part II, General Legislation
- Ch 108 Adult Uses and Entertainment
- Ch 112 Advertising Materials
- Ch 117 Alarm Devices and False Alarms
- Ch 121 Alcoholic Beverages
- Ch 125 Amusement Games
- Ch 129 Animals
- Ch 150 Carnivals
- Ch 154 Certificates, Birth, Death and Marriage
- Ch 158 Certificates, Sale/Lease
- Ch 168 Construction Codes, Uniform
- Ch 172 (Reserved)
- Ch 176 Conversions, Condominium and Cooperative
- Ch 182 Donation Bins
- Ch 186 Drug-Free Zones
- Ch 190 (Reserved)
- Ch 195 Fees
- Ch 200 Festivals
- Ch 204 Fiber Optic Cables, Installation of
- Ch 208 Firearms and Ammunition, Sale of
- Ch 212 Fire Detection Systems
- Ch 216 Fire Lanes
- Ch 220 Fire Prevention
- Ch 224 Flood Damage Prevention
- Ch 240 Housing Standards
- Ch 244 Junkyards and Junk Dealers
- Ch 248 Land Development
- Ch 252 Landfills
- Ch 254 Landscaping Services
- Ch 256 Laundries
- Ch 260 Library
- Ch 264 Littering
- Ch 265 Limousines
- Ch 268 Loitering
- Ch 272 Massage and Bodywork Therapy Establishments
- Ch 276 Meat, Retail Sale of
- Ch 280 Minibikes
- Ch 284 Newspaper Vending Machines
- Ch 288 Numbering of Buildings and Lots
- Ch 292 Parades and Other Assemblies
- Ch 296 Parking, Handicapped
- Ch 301 Parks and Recreation Areas
- Ch 305 Peace and Good Order
- Ch 309 Peddling and Soliciting
- Ch 313 Poolrooms and Bowling Alleys
- Ch 315 Precious Metals and Secondhand Goods
- Ch 316 Prohibited Use of Borough Land
- Ch 317 Property Maintenance
- Ch 318 Property, Abandoned
- Ch 319 Rapid-Entry Key System
- Ch 320 Registration, Landlord
- Ch 321 Recreational Cannabis Retailing
- Ch 323 (Reserved)
- Ch 325 Riparian Zones
- Ch 327 Sales, Seasonal
- Ch 329 Schools
- Ch 332 Sewers
- Ch 334 (Reserved)
- Ch 336 Shopping Centers
- Ch 343 Smoking
- Ch 344 Smoking: Cannabis Limitations
- § 344-1 Findings/purpose; definitions.
- § 344-2 Cannabis limitations.
- § 344-3 Signs.
- § 344-4 Violations and penalties.
- Ch 347 Soil Removal, Erosion and Sediment Control
- Ch 351 Solid Waste
- Ch 352 Steep Slopes
- Ch 354 Storm Drains
- Ch 355 Stormwater Control
- Ch 359 Streets and Sidewalks
- Ch 363 Structures, Dangerous
- Ch 367 Swimming Pool, Municipal
- Ch 371 Tattooing
- Ch 375 Taxation
- Ch 379 Taxicabs
- Ch 383 Tobacco, Sale of
- Ch 387 Towing
- Ch 391 Trailers and Campgrounds
- Ch 395 Trees
- Ch 399 Used Cars, Sale of
- Ch 403 Vehicles, Abandoned
- Ch 407 Vehicles and Traffic
- Ch 414 Water
- Ch 420 Zoning
- Part III, Board of Health Legislation
- Ch 425 General Provisions, Board of Health
- Ch 427 Barbershops, Beauty Parlors and Nail Salons
- Ch 429 Bylaws of Board of Health
- Ch 434 Gas and Oil Exploration
- Ch 436 Housing Standards
- Ch 438 Officers and Employees
- Ch 440 Rabies Control
- Ch 442 Radioactive Materials
- Ch 443 Retail Food Establishments
- Ch 446 Sanitary Regulations
- Ch 450 Swimming Pools, Public
- Ch 456 Water Supplies, Individual and Semipublic
- Appendix
- Ch A457 Franchises
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Mayor and Council of the Borough
of Middlesex 5-25-2021 by Ord.
No. 2034. Amendments noted where applicable.]
A.
The purpose of this chapter is to regulate the use and consumption
of cannabis and cannabis items in public places, as discussed in Section
46 of the New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.[1] Pursuant to Section 46 and N.J.S.A. 26:3D-65a, a municipality
may, by ordinance, fine an individual who smokes or carries lighted
cannabis, or consumes cannabis not by smoking, vaping, or aerosolizing,
in any public place.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
B.
For purposes of this section, "public place" means any place to which
the public has access that is not privately owned; or any place to
which the public has access where alcohol consumption is not allowed,
including, but not limited to, a public street, road, thoroughfare,
sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping
area, public transportation facility, vehicle used for public transportation,
parking lot, public library, or any other public building, structure,
or area.
C.
In connection therewith, the Borough of Middlesex finds that in public
places, the right of nonsmokers to breathe clean air outweighs the
right of smokers to smoke, and also finds that the consumption of
cannabis in public places in inimical to the health, safety, and welfare
of the Borough and its residents.
No person shall engage in the smoking, vaping, aerosolizing,
or otherwise consuming of cannabis or cannabis items in a public place
as defined in this chapter.
"No smoking, vaping, aerosolizing, or otherwise consuming cannabis
or cannabis items" signs adequately providing notice of the prohibition
on the smoking, vaping, aerosolizing, or otherwise consuming of cannabis
or cannabis items shall be clearly, sufficiently, and conspicuously
posted in all public places affected by this section. Such signs shall
also indicate that violators are subject to the penalty provisions
of this chapter.
Pursuant to N.J.S.A. 26:3D-65(a) and Section 46 of the New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act,[1] any person who violates this chapter by smoking, vaping,
aerosolizing, or otherwise consuming cannabis or cannabis items in
a public place is subject to a civil penalty of up to $200, which
shall be recovered in a civil action by a summary proceeding in the
name of the municipality pursuant to the Penalty Enforcement Law of
1999 (P.L. 1999, c. 274) (N.J.S.A. 2A:58-10 et seq.).
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
