Township of Washington, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drug-fee school zones — See Ch. 79.
Tobacco sales — See Ch. 189.
[Adopted 5-23-2000 by Ord. No. 1-00]
As used in this article, the following terms shall have the meanings indicated:
HEALTH OFFICER
The Health Officer of the Township of Washington and/or his designee.
PERSON
Includes, but is not limited to, any and all students, teachers, aides, administrators, supervisors, secretarial and clerical staff, custodial and maintenance staff, and all other employees of the school district as well as vendors, independent contractors, consultants who may from time to time be employed by or volunteer for the West Morris Regional Board of Education, parents, and visitors.
POLICE OFFICER
A police officer of the Township of Washington.
PROPERTY
Includes, but is not limited to, any and all school buildings, including garages, indoor and outdoor premises and grounds, including, but not limited to, athletic fields, stadiums and tennis courts, and any and all school-owned or leased vehicles. Property also includes any other school-approved vehicles used to transport any and all persons during any school sponsored or school-approved activity, event, or function, including, but not limited to, field trips and athletic events.
SMOKING
The burning of a lighted cigar, cigarette, pipe or any other matter or substance that contains tobacco.
USE OF TOBACCO
Smoking, as defined herein, and the use of any tobacco-containing product, including, but not limited to, smokeless tobacco, chewing and spitting tobacco and snuff.
It shall be unlawful for any person to smoke or carry any lighted tobacco product, in or upon the building or premises owned by the West Morris Regional Board of Education within the Township of Washington, except as part of a classroom instruction or theatrical production under the supervision of the West Morris Regional Board of Education.
A. 
If a violation of this article occurs, the offender's name and address, date, time and location of the violation shall be reported to the Health Officer for further action in accordance with the provisions of the article.
B. 
The principal of the school and/or his/her designee (or designees) are authorized to confiscate the illegally possessed tobacco or tobacco products.
C. 
The provisions of this section shall apply to all persons, regardless of age.
A. 
The Superintendent shall give written notification to all students and employees of this policy annually.
B. 
All prospective employees will be informed of this policy prior to employment.
C. 
Announcements will be made to the public not to smoke at school activities and events.
D. 
The West Morris Regional Board of Education shall post "No Smoking" and "No Tobacco Use" signs clearly, sufficiently and conspicuously on West Morris Regional Board of Education property, at appropriate locations, including, but not limited to, driveway entrances, entrances to buildings, athletic fields and stadiums, and on or within affected vehicles. Each sign shall have the words "No Smoking" and "No Tobacco Use" in lettering that is not less than three inches in height, and shall contain the international "no smoking" sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar diagonally through the pictorial) that is not less than four inches in height.
The enforcing authority of this article shall be the Health Officer, the West Morris Regional Board of Education and any police officer of the Township of Washington.
For a violation of any provision of this article, the following penalties shall apply:
A. 
Minors.
(1) 
First offense: A written or verbal warning shall be mailed or personally delivered to the offender and his or her parent or guardian by the Health Officer or by a representative of the West Morris Regional Board of Education.
(2) 
Second and subsequent offense(s).
(a) 
A complaint will be issued to the offender for appearance in Municipal Court;
(b) 
The offender may be referred to an advanced anti-smoking education program approved by the Township Health Department. Any costs involved for these programs shall be paid by the offender; and
(c) 
The offender may be subject to a fine not to exceed $500.
B. 
All other persons: For a violation of the provisions of this article by all other individuals who are 18 years of age or older, the maximum penalty upon conviction shall be a fine up to $500.
This article is intended to implement N.J.S.A. 2A:170-51 et. seq.
[Adopted 4-16-2007 by Ord. No. 10-07]
It is unlawful for any person to smoke tobacco products or to carry a lighted cigarette, cigar or pipe at any and all recreational facilities, parks, playgrounds, sports fields and recreational properties that are owned, leased or operated by the Township of Washington or by the Township of Washington's Recreation Department. For purposes of this article, "tobacco" shall mean any product that is made from the tobacco plant for the purpose of being smoked or inhaled by a person, including, but not limited to, cigars, pipe tobacco and cigarettes in any form.
A "No Smoking" sign shall be clearly, sufficiently and conspicuously posted at every entrance to every public recreational facility and property where smoking is prohibited by this article. The signs shall be posted by the owner, operator, manager or other person having control of such building or other area. The signs shall have the words "No Smoking" in lettering that is not less than two inches in height, or shall contain the international no smoking sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar diagonally through the cigarette) that is not less than two inches in height. Signs that are removed shall be replaced within five working days by the owner, operator, manager or other person having control of such building or other area.
The Recreation Director or designee shall engage in a continuing program to explain and clarify the purpose and requirements of this article to citizens affected by this article and to guide owners, operators and managers in their compliance. Such a program may include publications explaining the provisions of this article.
The Recreation Director or designee and the Police Department are hereby charged with the enforcement of this article. All members of the Recreation Department and the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this article.
Any person who violates any provision of this article shall be subject, upon conviction thereof, to the penalties provided in § 1-3 of the Code of the Township of Washington.