[HISTORY: Adopted by the Municipal Council of the Township
of Irvington as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Sale of tobacco products — See Ch. 598.
[Adopted 5-24-2011 by Ord. No. MC 3438 (Ch. 168, Art. I, § 168-4.1,
of the 1981 Revised Code); amended in its entirety 6-26-2018 by Ord. No. MC 3657]
As used in this article, the following terms shall have the
meanings indicated:
Any bar, or area within a bar, designated specifically for
the smoking of tobacco products, purchased on the premises or elsewhere;
except that a cigar bar that is in an area within a bar shall be an
area enclosed by solid walls or windows, a ceiling and a solid door
and equipped with a ventilation system which is separately exhausted
from the nonsmoking areas of the bar so that air from the smoking
area is not recirculated to the nonsmoking areas and smoke is not
back-streamed into the smoking areas. The cigar bar will not be within
500 feet of a preschool, elementary, middle or high school in the
Township of Irvington.
Any establishment, or area within an establishment, designated
specifically for the smoking of tobacco products, purchased on the
premises or elsewhere; except that a cigar lounge that is in an area
within a bar shall be an area enclosed by solid walls or windows,
a ceiling and a solid door and equipped with a ventilation system
which is separately exhausted from the nonsmoking areas of the bar
so that air from the smoking area is not recirculated to the nonsmoking
areas and smoke is not back-streamed into the smoking areas. The cigar
lounge will not be within 500 feet of a preschool, elementary, middle
or high school in the Township of Irvington.
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
to simulate smoking through inhalation of vapor or aerosol from the
product. The term includes any device, whether manufactured, distributed,
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, e-cigarillo,
vape pen, or under any other product name or descriptor.
A water pipe and associated products and devices which are
used to produce fumes, smoke, and/or vapor from the burning material
including, but not limited to, tobacco, shisha, or other plant matter.
Any establishment, or area within an establishment, designated
specifically for the smoking of tobacco products, purchased on the
premises or elsewhere.
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; public and nonpublic
elementary or secondary school building; board of education building;
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 licensed pursuant to P.L. 1971, c. 136 (N.J.S.A.
26:2H-1 et seq.); patient waiting room of the office of a health care
provider licensed pursuant to Title 45 of the Revised Statutes; child-care
center licensed pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et
seq.); 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.
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, including e-cigarettes.
Prohibition: Smoking is prohibited within 100 feet of entranceways
to indoor public places pursuant to the New Jersey Smoke Free Air
Act, N.J.A.C. 8:6.
