Borough of Pennington, NJ Article I Smoke-Free School Zones

[Adopted 2-2-1998 by Ord. No. 98-1]

§ 192-1 Creation of Smoke-Free School Zone.

A. It shall be unlawful for students enrolled in elementary and secondary educational institutions to use or possess in plain public view a cigarette or any other tobacco products within the public right-of-way area and on any public properties within a radius of 1,000 feet of any elementary or secondary educational institution when classes or other student activities are in session and one hour before and one hour after such activities.

B. Appropriate signs shall be posted at the perimeter of the one-thousand-foot radius indicating the existence of a Drug-Free School Zone in accordance with state regulations and a Smoke-Free School Zone in accordance with local ordinance. Maps shall be on file at the Municipal Clerk's office.

§ 192-2 Enforcement.

A. Within 30 days of adoption of this article, each school facility within the community shall adopt or amend its tobacco use policy incorporating the prohibition by youth of tobacco and tobacco products within the one-hundred-foot Tobacco-Free Zone. Disciplinary action consistent with the ordinance and school's policy shall be established for enforcement by the school's administration. Copies shall be provided to the Borough Health Department.

B. Whenever the Borough Health Department, or its designee, reasonably believes there exists a violation of this article, it may issue a summons and complaint not later than 30 days after discovery of the alleged violation. The complaint shall be written and shall state the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.

C. The Borough Health Department, or its designee, or any other person charged with enforcement of this article, after given proper identification, may investigate any matter, thing, incident or event, as necessary.

D. It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Borough Health Department, or any other person charged with enforcement of this article, who may request the assistance of the Pennington Borough Police Department or other police agency when necessary to execute his or her official duty in a manner prescribed by law.

E. Citizens may bring complaints against violators of this article to the appropriate school administration and, if not resolved, to the Borough Health Department.

§ 192-3 Violations and penalties.

A. Penalties for first violations shall be in accordance with adopted school policy. Second violations shall be referred to the Health Department for civil penalty as indicated.

B. Unless otherwise provided by law, statute or ordinance, any student violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.

[Amended 12-6-1999 by Ord. No. 99-14]

C. Complaints shall be made in the Municipal Court of the Borough of Pennington or before such other judicial officer having authority under the laws of the State of New Jersey.

D. Any student found in violation of this article shall also be required to attend a smoking cessation course, free of charge, as available through the school system or the Borough Health Department.