Borough of Collingswood, NJ Chapter 258 Smoking

[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 10-7-2019 by Ord. No. 1667. Amendments noted where applicable.]

§ 258-1 Smoking prohibited on public property.

Smoking, which shall mean 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 than can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device, is prohibited inside or on any municipally owned public property in the Borough of Collingswood.

§ 258-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MUNICIPALLY OWNED PUBLIC PROPERTY

Includes municipal buildings that include all structures owned, leased, rented and/or operated by the Borough, and/or occupied by Borough employees and used for official business of the Borough, public open space, parks and recreational facilities that include all areas adjacent to such municipal buildings, including, but not limited to, any parking area, driveway or drive aisle and any and all public parks, playgrounds, ball fields, publicly owned or leased by the Borough and all property owned or leased by the Borough upon which the public is invited or upon which the public is permitted and where individuals gather for enjoyment and recreational activities.

§ 258-3 Smoking prohibited in municipal buildings.

Smoking shall be prohibited in all municipal buildings 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 municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

§ 258-4 Smoking prohibited near entrance of municipal buildings.

Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal buildings. 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 both on the building and at the thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

§ 258-5 Smoking prohibited in public spaces, parks and recreation facilities.

Smoking shall be prohibited in all municipally owned public spaces, parks and recreation facilities and all property owned or leased by the Borough 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 municipal buildings, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. 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 in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.

§ 258-6 Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the Borough's employment policies and procedures.

§ 258-7 Severability.

If any section of provision of this chapter shall be determined to be non-enforceable by a court of competent jurisdiction, the same shall not affect the other sections or provisions of this chapter except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.