[Adopted 4-5-2011 by Ord. No. 11-1807]
The following are the purposes of this article:
A.
The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer (see U.S. Department
of Health and Human Services, The Health Consequences of Involuntary
Exposure to Tobacco Smoke: a report of the surgeon General, U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
2006).
B.
Smoking is the leading cause of death in the United States and the
United States Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of six top national healthcare
priorities.
C.
Pursuant to N.J.S.A. 40:48-1, the Borough is given the authority
to adopt ordinances for the public health, safety and welfare of the
Borough, its residents and guest.
D.
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) specifically
authorizes local restrictions on smoking equivalent to, or greater
than those provided in the NJSFAA for purposes of protecting public
health.
As used in this article, the following terms shall have the
following definitions:
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, or
pipe.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
A.
No person shall smoke while on the outdoor grounds of any and all
Borough Municipal buildings including adjacent parking lots and in
any and all of the Borough parks, recreational areas and adjacent
parking lots whether owned, leased or utilized by the Borough or in
any designated street closure right-of-way designated for "Town Tables."
[Amended 5-3-2022 by Ord.
No. 22-2051]
B.
No person shall smoke in any vehicle owned or leased by the Borough
after June 1, 2011.
A.
Whenever the Health Officer or his or her designee or a law enforcement
officer or a Borough Code Enforcement Officer observes or reasonably
believes that there exists a violation of this article, he or she
may issue a summons and complaint to the violator. The complaint shall
be written and served on the violator. Citizens of the Borough may
also bring private complaints for the violation of this article.
A.
Any person found to be in violation of this article shall, during
the phase-in of the provisions of this article, receive a verbal warning
during June 2011; receive a written warning during July 2011; and
as of August 1, 2011, be issued a summons and complaint for a violation.
Any person found guilty of violating this article shall be fined $100,
plus court costs, except that any person found guilty of or pleading
guilty to a first violation of this article may be sentenced to community
service.
B.
All fines collected by the Municipal Court for violations of this
article shall be divided with half of said fines being paid to the
Borough General Fund and half of said fine being paid to the Borough's
Board of Health. Said Board of Health shall utilize all said fine
money to implement and present educational programs to residents of
the Borough concerning the dangers of smoking.
