[HISTORY: Adopted by the Township Committee of the Township
of Little Egg Harbor 5-10-2012 by Ord. No. 2012-06. Amendments noted
where applicable.]
The purpose of this chapter is to protect the health, safety
and welfare of the general public pursuant to N.J.S.A. 40:48-2 by
prohibiting smoking in certain areas of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any item available for lawful consumption pursuant to the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (P.L. 2020, c. 16).
[Added 7-8-2021 by Ord. No. 2021-14]
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 commercial or other
office building; office or building owned, leased or rented by the state
or by a county or municipal government; 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 operated on land or water,
or in the air, and passenger waiting rooms and platform areas in any
stations or terminals thereof; health care facility; patient waiting
room of the office of a health care provider; child-care center; race
track facility; facility used for the holding of sporting events;
ambulatory recreational facility; shopping mall or retail store; hotel,
motel or other lodging establishment; apartment building lobby or
other public area in an otherwise private building; or a passenger
elevator in a building other than a single-family dwelling.
[Added 7-8-2021 by Ord. No. 2021-14]
All public parks, playgrounds, and ball fields publicly owned
or leased by the Township of Little Egg Harbor and all property owned
or leased by the Township of Little Egg Harbor 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 lane.
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, including cannabis items, or the inhaling or exhaling of
smoke or vapor from an electronic smoking device.
[Amended 7-8-2021 by Ord. No. 2021-14]
A.Â
Smoking is hereby prohibited in all municipal parks and recreational
facilities owned, leased or rented by the Township of Little Egg Harbor
and all indoor public places.
[Amended 7-8-2021 by Ord. No. 2021-14]
B.Â
Notice of the prohibitions contained in this article shall be conspicuously
posted by signs stating "No Smoking" and shall reference applicable
Code provisions.
C.Â
"No Smoking" signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross-section) shall
be clearly, sufficiently and conspicuously posted in all areas regulated
by this chapter. The signs shall be clearly visible to the public
and indicate that violators are subject to a fine.
This chapter shall be enforced by the Police Department of the
Township of Little Egg Harbor.
[Amended 7-8-2021 by Ord. No. 2021-14]
Any person who is found to be in violation of any provisions
of this chapter shall be subject to a fine not to exceed $1,250, and/or
community service of not more than 90 days, and/or by a term of imprisonment
not to exceed 90 days in the Ocean County Jail or any combination
of fine, community service and imprisonment, as determined in the
discretion of the Municipal Court Judge.
