[Adopted 5-9-2013 by Ord. No. 6-2013]
As used in this article, the following terms shall have the meanings indicated:
- ELECTRONIC SMOKING DEVICE
- 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.
- Any parks owned, leased, or utilized by Egg Harbor City.
- RECREATION AREA
- Any areas, public or private, open to the general public for recreational purposes, regardless of any fee requirement, including children's play areas, sports fields, stadiums, playgrounds, swimming pools, and tennis and basketball courts within Egg Harbor City.
- The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, hookah or similar device, 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.
- TOBACCO PRODUCT
- Any substance containing tobacco leaf, including, but not limited to, cigarettes and cigars, including electronic smoking devices for tobacco cessation that expel smoke.
This article shall only apply to the following park and recreation areas of the City of Egg Harbor:
Lake: that portion of Block 954, Lot 1, which comprises the swimming beach, picnic and playground areas.
Peace Pilgrim: that portion of Block 199, Lot 1 (additional Lots 2-8), which comprises Peace Pilgrim Park.
Kern Field: Block 108, Lot 1 (additional Lots 2-8 and 23-30).
Rotary Park: Block 108, Lot 9 (additional Lots 10-19).
Kaboom Park/Tennis Courts: Block 428, Lots 10 (additional Lots 11-15) and 16 (additional Lots 17-21).
Key Rec Field: Block 327, Lot 20; Block 427, Lots 1 (additional Lots 2-6), 7, and 8 (additional Lots 9-12); Block 442, Lots 1 (additional Lots 2, 11, 15), 3 (additional Lots 4-10, 12-14), 16 (additional Lots 17, 18.01), 18.02 (additional Lots 19-22) and 23; Block 519, Lot 4 (additional Lots 5, 7-12) and 6.
Chicago Ave/Moss Mill Road Park: Block 449, Lots 1 and 2.
It is unlawful for any person to use tobacco products on the property of all playgrounds, sports fields, and recreational properties used by children and adolescents, that are owned, leased, used or operated by the City of Egg Harbor listed herein for athletic recreation.
Smoking shall be prohibited at all times within the City of Egg Harbor in children's play areas, sports fields, stadiums, playgrounds, swimming pools, and tennis and basketball courts within the City of Egg Harbor, included within the above-listed areas, and the following places:
Parks and recreation areas and within 25 feet from any and all entrances and exits of any and all parks and recreation areas listed above to ensure that tobacco smoke is not inhaled by children.
A sign shall be clearly, sufficiently and conspicuously posted at every property where smoking is prohibited by this article. The sign(s) shall state "100% Smoke Free Public Property" or substantially similar language, written in lettering that is not less than 3/4 inch in height, and shall contain the international "no smoking" sign or symbol.
Any Code Enforcement Officer or member of the Police Department may enforce this article. All members of code enforcement and the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this article.
Any citizen may register a complaint under this article with a Code Enforcement Officer, a police officer, or with the Clerk at Egg Harbor City Hall.
Any owner, manager, operator, or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof.
It shall be a violation of this article for any owner, operator, manager, or person who controls any premises subject to this article to fail to comply with any of its provisions.
It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe, hookah, electronic smoking device or other product that can be smoked, where smoking is prohibited. (This does not bar possession of unlighted tobacco products.)
Any person who violates any provision of this article shall be subject to a fine not exceeding $1,000 or a period of community service not exceeding 90 days.