[HISTORY: Adopted by the Township Council
of the Township of Lower as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 87-8 (Sec. 3-24 of the 1975 Code)]
The Township Council does hereby determine that
the smoking of tobacco in any form is harmful to the public health
and welfare and constitutes a fire hazard and nuisance in public buildings
and meeting rooms in the Township of Lower.
No person shall smoke or carry a lighted cigar,
cigarette, or pipe, or use any match, spark, flame or fire-producing
device for the purpose of igniting any cigar or cigarette or pipe,
provided a "Smoking Prohibited by Law" sign has been posted conspicuously
therein, in any of the following places:
Every person having control of any premises
upon which smoking is prohibited by this article shall conspicuously
display upon the premises or portion of premises concerned sufficient
signs reading "Smoking Prohibited by Law."
Any person convicted of a violation of this
article is a petty disorderly person, and the maximum fine which can
be imposed for violation of this article is $200 for each offense.
[Adopted 5-3-2021 by Ord. No. 2021-10]
The purpose of this article is to regulate and prohibit the
smoking, vaping and/or aerosolizing of marijuana in public places
affecting the public health, safety, and general welfare by protecting
residents and visitors from the nuisance and health hazards of secondhand
marijuana smoke.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured for use in cannabis products, but
shall not include the weight of any other ingredient combined with
cannabis to prepare topical or oral administrations, food, drink,
or other product.
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 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; any facility used
for the holding of sporting events; or recreational facility.
All parts of the plant genus Cannabis, whether growing or
not; the seeds thereof; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, except those containing
resin extracted from the plant; but shall not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks, fiber, oil, or cake,
or the sterilized seed of the plant which is incapable of germination.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any place to which the public has access that is not privately
owned, or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, beach, boardwalk,
playground, swimming pool, shopping area, public transportation facility,
vehicle used for public transportation, parking lot, public library,
or any other public building, structure, or area.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter or substance which contains marijuana or any
other matter than can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
It shall be unlawful for any person to engage in the smoking
of marijuana/cannabis in or on any indoor public space or public space.
A.Â
This article shall be enforced by the Lower Township Police Department
and/or any other municipal officials authorized by law to enforce
the ordinances of the Township of Lower.
B.Â
Any person found to be in violation of the provisions of this article
shall be ordered to immediately cease and desist.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to the following fines and penalties:
