Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Clark as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drug- and alcohol-free zones — See Ch. 135.
Cigarette vending machines — See Ch. 357, Art. II.
[Adopted 10-20-2003 by Ord. No. 03-29 (Sec. 3-26 of the 2002 Revised General Ordinances)]
[Amended 3-19-2018 by Ord. No. 18-06]
The burning of a lighted cigar, cigarette, pipe, electronic smoking device or any other matter or substance which contains tobacco is hereby prohibited in all school buildings, administration buildings, accessory buildings and other properties, improved or unimproved, owned or under the jurisdiction of the Board of Education of the Township of Clark and existing within the Township of Clark.
The article shall be enforced by the Police Department of the Township of Clark pursuant to the consent and concurrence of the Board of Education of the Township of Clark as the same is granted pursuant to the attached resolution of consent and concurrence.[1]
[1]
Editor's Note: Said resolution of consent and concurrence is on file in the office of the Township Clerk.
[Amended 1-17-2012 by Ord. No. 12-01]
Such signage and posting required by the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq., in order to implement the provisions of the aforesaid sections shall be installed as required by law and pursuant to the provisions of N.J.S.A. 26:3D-55 et seq. at all appropriate places, including entrances to all properties referenced herein.
The properties which are the subject of this article and as to which smoking is prohibited are as specified on Appendix B.[1]
[1]
Editor's Note: Appendix B is on file in the office of the Township Clerk.
[Amended 1-17-2012 by Ord. No. 12-01]
Any person who violates this article shall, upon conviction thereof, be liable to the penalty stated in the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.
[Adopted 7-21-2008 by Ord. No. 08-10]
[Amended 3-19-2018 by Ord. No. 18-06]
The smoking of cigars, cigarettes, pipes, electronic smoking devices, and other materials is not permitted in the areas designated herein as areas in Subsections A through E, except in designated smoking areas.
A. 
The Clark Township Municipal Complex, including all buildings, athletic fields, basketball courts and recreation areas located at 430 Westfield Avenue.
B. 
The Clark Township Public Safety Building, library and Township lands located at 315 Westfield Avenue.
C. 
The Clark Township public parks and all buildings located at Bartell Park, Bienko Park, Fun Time Junction, Peter Nevargic Park and Veterans Park.
D. 
The Clark Municipal Pool Utility, including the buildings, cabanas, rest rooms or on the outdoor campus, and the Township of Clark specifically determines that the pool facility, inclusive of the outdoor areas within its structural enclosure and fencing, is a public place subject to the regulation.
E. 
The Clark Township athletic and recreation fields and all buildings located at Bosze Field, Curry Field and Dolan Field.
[Amended 3-19-2018 by Ord. No. 18-06]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
As set forth in N.J.S.A. 26:3D-57, including any electronic device that can be used to deliver nicotine or other substances inhaled from the device, including but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, are also prohibited under the terms of this article.
SMOKING
As set forth in N.J.S.A. 26:3D-57; means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked. Smoking includes the inhaling or exhaling of smoke or vapor from electronic cigarettes, vaping devices, personal vaporizers, or any electronic nicotine delivery system, or any device which simulates tobacco smoking.
The Township of Clark shall cause such signage as may be required pursuant to the aforesaid statute to be posted so as to be clearly visible, in accordance with N.J.S.A. 26:3D-61. All areas in which smoking is permitted will be similarly identified, and appropriate signage will be posted.
A. 
This article shall be enforced by the local Board of Health or the Clark Police Department, and any person violating this article shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense, and the Municipal Court of the Township of Clark shall be vested with the jurisdiction over any such proceedings.
B. 
Any person found guilty of defacing or removing "no smoking" signs which are required by this article shall be subject to a fine not less than $200 nor more than $500, plus the cost of replacing the sign. Any juvenile adjudicated to have violated the provisions of this article shall be subject to such penalties, fines or other discipline as may be imposed upon an adult pursuant to this article.
[Added 3-19-2018 by Ord. No. 18-06]