[HISTORY: Adopted by the Township Committee of the Township
of Winslow 6-21-05 as Ord. No. O-17-05. Amendments noted where applicable.]
The Township of Winslow finds and declares that the resolution
of the conflict between the right of the smoker to smoke and the right
of the nonsmoker to breathe clean air involves a determination of
when and where, rather than whether, a smoker may legally smoke. It
is not the public policy of the Township of Winslow to deny anyone
the right to smoke. However, the Township of Winslow finds that in
government buildings owned or leased by the Township of Winslow and
on all public property owned or leased by the Township of Winslow
the right of the nonsmoker to breathe clean air supersedes the right
of the smoker to smoke. In addition to the deleterious effects upon
smokers, tobacco smoke is (1) at least an annoyance and a nuisance
to a substantial percentage of the nonsmoking public and (2) a substantial
health hazard to a smaller segment to the nonsmoking public. Furthermore,
smoking creates a substantial health hazard to the youth of the township
who may be participating in activities in buildings or properties
owned or leased by the township. Therefore, the purpose of this chapter
is to protect the interest of nonsmokers in public buildings and on
public property owned or leased by the township and to allow smokers
the right to smoke only in designated areas established by the township.
As used in this chapter:
- PUBLIC BUILDING
- Any building or portion of a building owned or leased by the Township of Winslow.
- PUBLIC PROPERTY
- Any real property, or portion thereof, owned or leased by the Township of Winslow, to include parking lots, parks, playgrounds and other recreation facilities.
- SMOKING
- The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or similar substance.
Smoking is prohibited in all public buildings owned or leased
by the Township of Winslow and on all public property owned or leased
by the Township of Winslow. In public buildings or public property
owned or leased by the Township of Winslow, a designated smoking area
may be established which shall be clearly identified and is the only
area within a public building or any public property where smoking
is permitted.
Notice of this chapter shall be provided to all township employees
and to any employee organization's duly elected representative.
All places affected by this chapter shall be identified by signs
posted by the township with letters, at least one (1) inch in height
stating "Smoking Prohibited" or "Smoking Permitted", or the signs
shall be designated by the appropriate "Smoking Prohibited" or "Smoking
Permitted" international symbol. The letters or symbols shall contrast
in color with the sign. The sign shall also indicate that any person
violating this chapter shall be subject to a fine and that a person
who smokes in a nonsmoking area may be denied continued access to
that area or to the services offered by the township until compliance
with this chapter. Every sign required by this chapter shall be located
so as to be clearly visible to both the public and the township employees.
Any person violating the provisions of this chapter shall, upon
conviction thereof, pay a penalty of not less than fifty dollars ($50.)
nor more than one hundred fifty dollars ($150.) per each offense.
Penalties for a first violation may be in the form of community service.
