[HISTORY: Adopted by the City Council of the City of Somers Point 11-25-2002 by Ord. No. 18-2002. Amendments noted where applicable.]
Medical and scientific evidence indicates that tobacco use is a leading cause of preventable death in the United States.
Numerous studies have found that tobacco smoke is a contributor to air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
Health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection and decreased respiratory function, including broncho-constriction and broncho-spasm.
The City of Somers Point has determined that the public health of the residents and visitors of the City of Somers Point will be promoted by eliminating the exposure of its citizens to airborne tobacco smoke and smoking-related refuse at and within John F. Kennedy Park, the City beach, and the City's various athletic and recreational areas, which various areas shall include but shall not be limited to the Fehrle Field baseball and softball field complex, and the Bud Kern Field complex (including its multiple use football field, track, hockey rinks, and tennis courts), and also shall include the various vehicular parking areas for the referenced facilities above.
The State of New Jersey has banned the sale of cigarettes or tobacco products in any form to minors pursuant to N.J.S.A. 2A:170-51.
Smoking tobacco and other plants or vegetation used for smoking, paper, packages, matches and matchbook covers or boxes, and other materials which customarily accompany smoking, often are discarded by smokers and create litter, refuse and debris at such locations, and are difficult to clean up and dispose of, and create an undue burden on the City's facilities and its sanitation crews charged with such responsibility.
The health, litter, refuse and debris hazards and burdens referenced above are sufficient reasons for action to attempt to reduce and eliminate such problems at the locations indicated.
Smoking of any kind shall be and hereby is prohibited at all such locations referenced above, except as may be permitted iii designated areas pursuant to rules and regulations referenced in § 214-6 below.
"Smoking" shall be defined as the act of lighting by fire by any means, and/or the act of inhaling, exhaling, burning, or carrying any lighted smoking product, including but not limited to a cigarette, cigar, pipe, tobacco, weed, plant or other vegetation or similar material.
It shall also be unlawful to discard litter, refuse and debris as described above at such locations.
The Recreation Commission of the City of Somers Point shall have the power and obligation to prepare reasonable rules and regulations and amendments thereto intended to notify the public by signage and other means, and to encourage compliance by the public with the smoking and smoking material litter prohibitions. Such rules and regulations may include the designation of specific areas where smoking may occur.
Any person violating any of the no smoking and smoking materials littering terms of this chapter may be required by any member of the City's Recreation Commission, or the City's Police Department, to remedy the situation immediately in the following manner:
The City's Police Department may charge the violator with the offense of violation of this chapter, said offense to be listed and heard in Municipal Court, the fine for which in the event of a finding of guilty shall be not less than $25 for a single offense, and not more than $100 for more than a single offense, as shall be determined in the discretion of the Municipal Court Judge. Nothing herein shall preclude the Police Department from charging a violator with a charge or charges of violation under any other ordinance or law of the State of New Jersey that may apply to the offense; in addition to or as an alternative to a charge or charges under this chapter.