[HISTORY: Adopted by the Township Committee of the Township
of Manalapan 9-22-2021 by Ord. No. 2021-16. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An electronic device that can be used to deliver nicotine
or other substances, such as cannabis products, to the person inhaling
from the device, including, but not limited to, an electric cigarette,
cigar, cigarillo, or pipe.
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
A structurally enclosed place of business, commerce or other
service-related activity, whether publicly or privately owned or operated
on a for-profit or nonprofit basis, which is generally accessible
to the public, including, but not limited to: a commercial or other
office building; office or building owned, leased or rented by the
state or by a county or municipal government; public and nonpublic
elementary or secondary school building; Board of Education building;
theater or concert hall; public library; museum or art gallery; bar;
restaurant or other establishment where the principal business is
the sale of food for consumption on the premises, including the bar
area of the establishment; garage or parking facility; any public
conveyance operated on land or water, or in the air, and passenger
waiting rooms and platform areas in any stations or terminals thereof;
health-care facility licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health-care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et
seq.); racetrack facility; facility used for the holding of sporting
events; ambulatory recreational facility; shopping mall or retail
store; hotel, motel or other lodging establishment; apartment building
lobby or other public area in an otherwise private building; or a
passenger elevator in a building other than a single-family dwelling.
Shall include any and all athletic fields, public parks,
playgrounds, ball fields and other active and passive recreation areas
primarily of service to youth, owned, leased, operated or under the
ownership control of the Township of Manalapan to which the general
public is invited and youth under the age of 18 may gather for recreational
activities, including all areas adjacent to such facilities, including,
but not limited to, any parking area, driveway or drive aisle.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any building, structure, facility or complex, including but
not limited to appurtenant parking areas, public street, roadway,
thoroughfare, sidewalk, bridge, alley, plaza, swimming pool, shopping
mall, plaza, public transportation facility, public library, or vehicle
used for public transportation owned, leased, operated or under the
ownership control of the Township of Manalapan to which the general
public is invited.
Burning of, inhaling from, exhaling the smoke from, or the
possession of, a lighted cigar, cigarette, pipe, hookah or similar
device, or any other device 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.
A structurally enclosed location or portion thereof at which
a person performs any type of service or labor.
A.
Smoking shall be prohibited by any person, regardless of age, in
all public parks, playgrounds and recreation facilities owned or leased
by the Township, including that land upon which the public is invited
or upon which the public is permitted and where individuals gather
for recreation activities and all areas adjacent to such facilities,
including, but not limited to, parking areas, driveways or drive aisles,
which have been designated by no-smoking signs and which are hereafter
designated as "smoke- and tobacco-free places."
B.
Smoking shall be prohibited by any person, regardless of age, in
any indoor public place, public building or workplace within the Township
and all areas adjacent to such facilities, including, but not limited
to, parking areas, driveways or drive aisles, which have been designated
by no-smoking signs and which are hereafter designated as "smoke-
and tobacco-free places."
Signs shall be clearly, sufficiently, and conspicuously posted
where smoking is prohibited by this chapter. The signs shall state
"NO SMOKING," and/or contain the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section). The
signs shall be clearly visible to the public and shall contain letters
or a symbol which contrasts in color with the sign, indicating that
smoking is prohibited in the designated area. The sign shall also
indicate that violators are subject to a fine.
The Manalapan Police Department, Fire Department, Recreation
Department, Public Works Department, Health Department and any municipal
officer charged with code enforcement is hereby charged with enforcement
of this chapter. Further, the person having control over an indoor
public place or workplace shall order any person smoking in violation
of this chapter to comply with this chapter.
