[Adopted 6-7-2004 by Ord. No. 7-2004]
When used in this article, the following words
and phrases have the following meanings:
Any sole proprietorship, partnership, joint venture, corporation
or other business entities formed for profiting making purposes including
retail establishments where goods and services are sold, as well as
professional corporations, offices of health providers and other entities
under which professional services are delivered.
A person who is employed by any employer for direct or indirect
monetary wages or profits, including those employed full-time, part-time,
temporary or contracted or from a third-party. Employee also means
any person who serves as a volunteer for a business or nonprofit entity.
Any person, business or non-profit which employs the services
of one or more persons.
Closed in by a roof or four or more connected floor to ceiling
walls with appropriate openings for ingress and egress.
Any enclosed public walkway or hall area which serves to
connect retail or professional establishments.
Any enclosed area under the control of an employer which
employees frequent during the course of employment.
Any enclosed area to which the public is invited or to which
the public is permitted.
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe, weed, plant or other combustible substances in any manner
or any form.
Any area of a place of employment enclosed by floor to ceiling
walls in which two or more employees are assigned to perform work
for an employer.
Smoking shall be prohibited in the following
public places:
A.
All enclosed areas available to and generally used
by the general public and all areas of business establishments generally
accessible to the general public, including but not limited to:
(1)
The public area of retail stores, banks, movie theaters
and other offices or work places.
(2)
Retail stores.
(3)
All business and nonprofit entities available to and
customarily used by the general public, including but not limited
to offices and banks.
(4)
Laundromats.
(5)
Museums, galleries and libraries, auditorium stages,
performance halls, recital halls or any venue wherein performances
or demonstrations occur.
(6)
Sports arenas or gymnasiums.
(7)
All areas of health-care facilities.
(8)
All lobbies, hallways or common areas of any multi-unit
commercial buildings.
(9)
All lobbies, hallways or common areas of multiunit
residential buildings.
(10)
Polling places.
(11)
Private residences that are used as child-care
or health-care facilities.
B.
Any owner or operator of any establishment not specifically
covered in the above list may declare the entire establishment smoke-free
by posting notices as per the provisions of this article and by notifying
the Livingston Health Department that the establishment shall be covered
under all provisions of this law.
The following are excluded from the provisions
of this article: establishments with plenary retail consumption or
club licenses issued by the New Jersey Division of Alcoholic Beverage
Control.[1]
[Amended 6-24-2013 by Ord. No. 19-2013]
All employers within the boundaries of Livingston shall provide
a smoke-free workplace for all employees (including places of employment
with fewer than 50 employees). Smoking shall be prohibited in all
enclosed facilities within the workplace without exception; that includes
all common work areas, auditoriums, classrooms, meeting rooms, private
offices, elevators, hallways, medical facilities, cafeterias, employee
lounges, stairs, restrooms and all other enclosed areas. No smoking
shall be permitted within 50 feet of entranceways, and/or entrance
doors to buildings used by the public, thus making all outdoor entranceways/doors
of buildings used by the public smoke-free.
No-smoking signs or the international no-smoking
symbol shall be clearly, sufficiently and conspicuously posted in
every building where smoking is regulated by this article, by the
owner, operator, manager or other person having control of such building
or such place. Every building area regulated by this article shall
have posted at every entrance a conspicuous sign clearly stating that
smoking is not allowed.
It shall be a violation of this article for
any owner, operator, manager or controller of any premises subject
to this article to fail to comply with any of its provisions.
No person or employee shall discharge, refuse
to hire or in any manner retaliate against any employee or applicant
for employment because such employee or applicant exercises any right
to a smoke-free environment afforded by this article.
No provision of this article will be construed
or interpreted to allow smoking areas otherwise restricted by other
laws.
It shall be unlawful to smoke where smoking
is prohibited. Any person who violates any provision of this chapter
shall be guilty of an infraction punishable by a fine not it exceeding
$100 for the first violation; a fine not exceeding $200 for the second
violation; a fine not exceeding $500 for any further violations.
