[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-17-2021 by Ord. No. 2021-1049]
A.
Smoking is the leading cause of death in the United States and the
United States Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of six top national healthcare
priorities; and
B.
Pursuant to N.J.S.A. 40:48-1, the Borough is given the authority
to adopt ordinances for the public health, safety and welfare of the
Borough, its residents and guest; and
C.
The New Jersey Smoke-Free Air Act ("NJSFAA"), N.J.S.A. 26:3D-63,
specifically authorizes local restrictions on smoking "equivalent
to, or greater than those provided in the NJSFAA for purposes of "protecting
public health."
As used in this article, the following terms shall have the
following definitions:
The indoor area of any property owned by the Borough and
any portion of any municipal park or other outdoor recreational property
including any parking lot that is adjacent to, but outside of, the
public park.
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco, cannabis, or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
No person shall smoke while on Borough property.
Whenever the Health Officer or his or her designee or a law
enforcement officer or a Borough Code Enforcement Officer observes
or reasonably believes that there exists a violation of this chapter,
he or she may issue a summons and complaint to the violator. The complaint
shall be written and served on the violator. Residents of the Borough
may also bring private complaints for the violation of this chapter.
