[HISTORY: Adopted by the City Council of the City of Brigantine
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-2014 by Ord. No. 15-2014]
As used in this article, the following terms shall have the
meanings indicated:
Any electric 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. This definition shall not include any medically prescribed inhalation
devices, including, but not limited to, inhalers, respirators, or
oxygen tanks.
The burning of, inhaling from, exhaling the smoke from or
the possession of a lit 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, cigarette, cigar, cigarillo, or pipe.
A.Â
No person shall smoke while on the outdoor grounds of any City building,
including adjacent parking lots and in any and all of the City parks,
recreational areas, and adjacent parking lots, whether owned, leased
or utilized by the City. The prohibitions provided for herein are
subject to the following terms and conditions:
(2)Â
The prohibition relating to recreational areas does not include a
prohibition at the Links Golf Course, and on Brigantine public beaches,
it being the intention of City Council that the prohibitions provided
for herein shall not apply to those facilities;
(3)Â
The prohibitions provided for herein apply to temporary special events
and facilities unless otherwise waived by City Council or the City
Manager; and
(4)Â
The prohibitions provided for herein apply to the Brigantine Farmers
Market at all times that the farmers market is in operation.
B.Â
No person shall smoke in any vehicle and motorized equipment owned
or leased by the City.
Whenever a law enforcement officer or a City Code Enforcement
Official observes or reasonably believes that there exists a violation
of this article, he or she may provide a warning to the individual
to stop smoking on the premises. If the individual does not comply,
the law enforcement officer or City Code Enforcement Official may
issue a summons and complaint to the violator. The complaint shall
be written and served upon the violator.
Any person found to be in violation of this article shall 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 not less than 10 hours of community
service.
[Adopted 5-5-2021 by Ord.
No. 6-2021]
The purpose of this article is to regulate conduct in public
areas affecting the public health, safety and general welfare by protecting
residents of and visitors to the City of Brigantine from the nuisance
and health hazards of secondhand marijuana smoke, and to provide for
the public health, safety and welfare by discouraging the inherently
dangerous behavior of smoking marijuana around non-marijuana-users;
by protecting the public from nonconsensual exposure to secondhand
marijuana smoke and marijuana-related litter and pollution, and, by
affirming the family-friendly atmosphere of public areas in the City
of Brigantine.
As used in this article, the following terms shall have the
meanings indicated herein:
Shall consist of the municipally owned land identified as
Block 236, Lots 8 and 9 and Block 237 Lot 1 on the Municipal Tax Map
for the City of Brigantine.
Shall consist of Block 8429, Lot 1 as depicted on the Official
Tax Map of the City of Brigantine and include all beach, sand, dunes,
marsh and grass areas and the waters adjacent thereto.
All parts of the cannabis plant, whether growing or not,
the seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, resin, or oil.
For purposes of this article, any reference to marijuana shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
Shall consist of all sand, dunes, marsh and grass areas seaward
from the landward side of any vegetation line or man-made structure,
from the North Brigantine Natural Area to the South Brigantine Jetty,
to the mean high-tide waterline and the waters adjacent thereto.
Any nature areas, and wildlife and vegetation habitat areas
open to the public.
Any public park owned, leased, or utilized by the City of
Brigantine.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
City of Brigantine has an interest.
Any area(s) open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to public
parks, children play areas, playgrounds, athletic fields and courts,
and senior center outdoor areas.
Any scheduled event within the City of Brigantine where the
public is invited, including the Brigantine Farmer's Market,
concerts, parades, or festivals.
The man-made structure running parallel to the mean high-tide
waterline and extending from 9th Street North to 15th Street North.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter of substance which contains marijuana or any
other matter that can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
Any electronic or other device that can be used to deliver
cannabis, marijuana or hashish or other related substances to the
person inhaling from the device, including, but not limited to, an
electronic cigarette, cigar, cigarillo, pipe, or other devise used
to consume these products. This definition includes vaping the above-described
products.
It is unlawful for any person to smoke or otherwise use or consume
marijuana while on the outdoor grounds of any City building, including
adjacent parking lots, and in or on any public open space, parks,
public right-of-way, recreation area, the Bayfront Municipal Swim
Area, the Cove Recreation Area, municipal beaches, the seawall, the
Links Golf Course or the area of any scheduled public event.
The City of Brigantine Police Department is hereby charged with
the enforcement of this article of the Code. All members of the Police
Department are hereby designated as enforcement officers for the purpose
of enforcement of this section.
