[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Merchantville 4-13-2015 by Ord. No. 2015-02. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was amended 5-10-2021 by Ord. No. 21-03.
As used in this chapter, the following words and phrases shall have the following meanings:
MUNICIPAL BUILDINGS
All structures owned, leased, rented and/or operated by the Borough of Merchantville, and/or occupied by Borough employees and used for official business of the Borough of Merchantville.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds and ball fields publicly owned or leased by the Borough of Merchantville 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.
SMOKING
To smoke shall mean the burning of, inhaling, exhaling and or the inhaling and exhaling the smoke and or vapor from or the possession of a lighted cigar, cigarette, e-cigarette, pipe, battery or electronic smoking device, or other paraphernalia that can be used to consume tobacco, e-liquid, cannabis, marijuana products or a tobacco-like substance. Tobacco products encompasses all smokeless tobacco, including, but not limited to, chewing tobacco; loose leaf tobacco; tobacco pellets; plug tobacco; twist or rope tobacco; dipping tobacco and dissolvable tobacco.
[Amended 5-10-2021 by Ord. No. 21-03]
A. 
No person shall smoke within the boundary of the Merchantville Borough-owned more commonly referred to as the Merchantville Borough Hall, the Merchantville Department of Public Works, the Merchantville Public Library, and/or the Merchantville Community Center.
B. 
No person shall smoke within 500 feet of any recreational equipment or recreational playing fields in all public parks and recreation facilities owned or leased by the Borough of Merchantville and all property owned or leased by the Borough of Merchantville 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 enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Borough of Merchantville.
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Merchantville, or such other court having jurisdiction, be liable to a fine of not less than $50, and not exceeding $1,250, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the Borough of Merchantville's policies and procedures.