Township of Upper Deerfield, NJ Article III Smoking Restrictions

[Adopted 6-16-2016 by Ord. No. 744[1]]

[1] Editor's Note: This ordinance was originally adopted as Art. I, § 287-9, of this chapter, but was redesignated as Art. III at the direction of the Township.

§ 287-14 Definitions.

As used in this article, the following words shall have the following definitions:

PUBLIC PARK and/or RECREATIONAL AREA

All public parks, playgrounds, ballfields, publicly owned or leased by the Township of Upper Deerfield, and shall include any such areas where 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 spectator areas, parking areas, driveways or drive aisles.

SMOKING

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.

§ 287-15 Smoking prohibited; signs.

Except in areas as designated pursuant to § 287-16 below, smoking shall be prohibited in those public parks and recreation areas designated by resolution of the Upper Deerfield Township Committee from time to time and which have been identified as "no-smoking" public parks and recreation areas by the erection and placement of "No-Smoking" signs as defined herein. 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 at each such location entrance and within each area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

§ 287-16 Smoking permitted areas.

The Upper Deerfield Township Committee may, but shall not be required to, determine and authorize specific designated "smoking permitted areas" within or adjacent to public parks and recreation areas in which smoking is otherwise prohibited. Such smoking permitted areas shall be specifically defined by location and size but shall under no circumstance be within a one-hundred-foot radius of any area actively used by children or adults for recreation or by spectators. Such smoking permitted areas, if so designated, shall be identified by signs which shall clearly describe the location and boundaries of such areas, which shall be conspicuously posted thereon and be clearly visible to the public. The Township Committee shall also be authorized to adopt other reasonable and necessary restrictions or requirements for such areas which may be necessary to protect the health and welfare of the general public.

§ 287-17 Violations and penalties.

Any person who violates any provision of this article shall be subject to a fine of not less than $50 for the first offense, $100 for the second offense and $250 for each subsequent offense. Any municipal employee found in violation of this article may also be subject to discipline in accordance with the provisions of the Upper Deerfield Township policies and procedures.