[HISTORY: Adopted by the Board of Health of the Township of Freehold as indicated in article histories. Amendments noted where applicable.]
Cigarette vending machines — See Ch. 107.
Article I Smoking in Parks and Recreational Facilities
[Adopted 10-8-2015 by Ord. No. BH-15-02]
The purpose of this article 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 article, the following terms shall have the meanings indicated:
- MUNICIPAL PARKS AND RECREATIONAL FACILITIES
- All public parks, playgrounds, and ball fields, publicly owned or leased by the Township of Freehold, and all property owned or leased by the Township of Freehold 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, or the inhaling or exhaling of smoke or vapor from any electronic smoking device.
Smoking is hereby prohibited in all municipal parks and recreational facilities owned, leased or rented by the Township.
Notice of the prohibitions contained in this article shall be conspicuously posted by signs stating "No Smoking" and shall reference the applicable Code provisions.
"No Smoking" signs or the international no-smoking symbol shall be clearly, sufficiently and conspicuously posted in all areas regulated by this article. The signs shall be clearly visible to the public and shall indicate that violators are subject to fine. It shall not be a defense to a charge under this article that the accused did not see such signs.
This article shall be enforced by the Police Department of the Township, the Township Health Officer, the Township Fire Official, the Township Code Enforcement Officer, any Township Recreation Department employee and/or any Township Recreation Commissioner.
No person shall remove or deface any no-smoking sign or symbol from any areas to which this article applies, except in the performance of his/her official duties as a Township employee or official.
Any person who is found to be in violation of the provisions of this article 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 Monmouth County Jail, or any combination of fine, community service and imprisonment, as determined in the discretion of the Municipal Court Judge.