[HISTORY: Adopted by the City Council of the City of Trenton as indicated in article histories. Amendments noted where applicable.]
Article I Leasing or Granting Rights of Use and Occupancy Privileges
Article II Smoking in Parks, Recreation Facilities and Other Public Property
[Adopted 6-7-2012 by Ord. No. 12-17]
Within a period of 60 days from the effective date of this article, the Business Administrator shall compile and submit to the City Council a report of all City-owned property, lands and structures alike which are currently being occupied in whole or in part by individuals or organizations other than City of Trenton employees under the terms of a lease, use and occupancy contract, or other form of agreement or grant of permission, whether formally documented or not. The report shall identify the property, the occupant(s), reasonably describe the use, activities or services performed or engaged in; the essential terms of the rental or use agreement (inception, duration, expiration date, rental amount) and the total cost, if any, to the City of Trenton to operate and maintain the property, net of any income derived from a grant of funding from any source and/or derived from rental from the occupant(s). The report may be provided in installments such that the City Council is provided with such information as is most readily available at the earliest time, consistent with the purpose of this article.
This article is not intended to affect the terms and conditions of a formal lease or other contract having fixed expiration dates and other terms limiting the rights of occupancy of the occupant, provided that, with respect to any such lease containing a termination clause of 90 days or less, any exercise of such termination clause shall be subject to the provisions of § 54-3.
Pending the initial review by the City Council of a report on such properties, no individual or organization occupying a City-owned property under an agreement entered into in good faith with an authorized representative of the City of Trenton for any activity which serves the public health, safety and welfare as described above shall be issued a notice of termination or eviction unless and until the circumstances giving rise to any such action is presented in a report to the City Council, the occupant is given an opportunity to appear before the City Council and to be heard in opposition thereto, and the action is approved by a majority vote of the members present. Any such notice issued prior to the adoption of this article and not yet complied with shall be suspended by the issuing agent or agency on notice to the occupant.
With respect to each occupied property reported on under § 54-1, the Business Administrator shall:
Render an opinion assessing the overall value to the public or to City governmental operations of the services and activities of the current occupants;
Report and advise on any requests received by occupants to modify the terms of a lease or contract in order to encourage or facilitate the occupant's opportunity to invest resources for improvements to the property and to insure the continuation of the services found to be beneficial to the community, all in accordance with the Local Lands and Buildings Law (N.J.S.A. 40A:121 et seq.);
Advise on the intention of the Administration to exercise a reserved right to extend or to terminate a lease or other contract form, and the reasons therefor; and
Advise on the intention of the Administration to evict or relocate an occupant whose activities or services are being conducted without benefit of a written lease or other authority to occupy the City-owned property.
No action shall be taken to curtail any existing occupancy by the exercise of an option to limit the duration of the lease or contract or by denying a nondocumented occupant the benefits of a formal lease or contract until the City Council and the occupant is provided with written notice of the intent of the Administration, pursuant to § 54-3, and the City Council approves the action after providing the occupant an opportunity to be heard in opposition.
This article shall take effect immediately upon final adoption and publication, an emergency having been declared as to its effective date.
[Adopted 7-16-2015 by Ord. No. 15-17]
As used in this article, the following terms shall have the meanings indicated:
- ENCLOSED AREA
- All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
- MUNICIPAL BUILDINGS
- All structures owned, leased, rented, and/or operated by the City of Trenton, and/or occupied by City employees and used for official business of the City of Trenton.
- PARKS AND RECREATIONAL FACILITIES
- All public parks, playgrounds, and ball fields publicly owned or leased by the City of Trenton and all property owned or leased by the City of Trenton upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway, or drive aisle.
- 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, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Trenton and all property owned or leased by the City of Trenton upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including but not limited to any parking area, driveway, or drive aisle, which have been designated with no-smoking signs.
Smoking shall be prohibited in any vehicle registered to the City of Trenton.
A sign shall be clearly, sufficiently and conspicuously posted at every property where smoking is prohibited by this article. The sign(s) shall state "Smoke-Free Zone" or "This Public Property is 100% Smoke Free" or substantially similar language and may contain the international no-smoking sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section). All signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
The enforcement authority of this article shall be the Health Department of the City of Trenton.
Any person who violates any provision of this article shall be subject to a fine of not less than $50 to $100 for the first offense, $100 to $200 for the second offense and $200 to $500 for each subsequent offense. Any municipal employee found in violation of this article may also be subject to discipline in accordance with the provisions of the City of Trenton's policies and procedures.