[Ord. No. 2021-11, 7-9-2021[1]]
A.Â
Medical and scientific evidence indicates that tobacco use is a leading
cause of preventable death in the United States, and, pursuant to
Section 46 and N.J.S.A. 26:3D-65(a), a municipality may, by ordinance,
fine an individual who smokes or carries lighted cannabis, or consumes
cannabis not by smoking, vaping, or aerosolizing in any public place.
B.Â
In public places, the right of nonsmokers to breathe clean air outweighs
the right of smokers to smoke, and the consumption of cannabis in
public places is inimical to the public health, safety, and welfare.
C.Â
The public health of the residents and visitors of the Borough shall
be promoted by eliminating the exposure of its citizens and visitors
to airborne smoke and smoking-related refuse within certain public
places and precluding the consumption of cannabis in all public places.
[1]
Editor's Note: This ordinance also repealed former Chapter
12.24, Smoking in Parks, Bay Bathing and Ocean Beach Areas - Prohibited,
as amended.
[Ord. No. 2021-11, 7-9-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
The meaning given to "marijuana" in section 2 of the "New
Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A.
24:21-2).
Any electronic product that delivers nicotine or other substances
to the person inhaling from the device, including, but not limited
to, electronic cigarettes (e-cigarettes), electronic cigars, (e-cigars),
electronic pipes (e-pipes), vape pens, or electronic hookahs (e-hookahs)
and shall include any component or accessory of such a device, whether
sold separately or not, including any filters and liquids used in
such devices, but does not include any similar devices approved for
sale by the U.S. Food and Drug Administration for medicinal purposes
as those items are defined in the Federal Food, Drug, and Cosmetic
Act.
All publicly owned parks and preserved public open spaces,
including, but not limited to, the Borough Municipal Building, Waterfront
Park, Bayside Parks, and the Bay Bathing Beach.
An individual, partnership, corporation, cooperative association,
or any other legal entity.
The area of and surrounding the playground equipment.
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, beaches, public streets,
roads, thoroughfares, sidewalks, bridges, alleys, plazas, parks, playgrounds,
shopping areas, public transportation facilities, vehicles used for
public transportation, parking lots, or any other public building,
structure, or area.
Any used or unconsumed or waste material which has been discarded,
whether made of aluminum, glass, plastic, rubber, paper or other natural
or synthetic material, or any combination thereof, but not limited
to any cigarette, cigar, pipe, match, lighting device, paper or plastic
packaging or containers, weed, plant or other combustible substance.
The act of inhaling, exhaling, burning, or carrying any lighted
cigarette, cigar, pipe, weed, plant, cannabis, or other combustible
substance in any manner or in any form, including but not limited
to tobacco or similar products and the use of any electronic smoking
device.
[Ord. No. 2021-11, 7-9-2021]
A.Â
No person shall engage in smoking, vaping, aerosolizing, the use
of an electronic smoking device, or otherwise consuming cannabis in
any manner in any public place.
B.Â
No person shall use any electronic smoking device or vape or smoke,
inhale, exhale, burn, or carry any lighted cigarette, cigar, pipe,
weed, plant, or other combustible substance in any manner or in any
form, including, but not limited to, tobacco, nicotine-based products,
or similar products, on any beach, at any park, or at any playground.
C.Â
There shall be posted in parks, playgrounds, and beaches conspicuous
signs clearly stating that smoking is prohibited, either by a sign
indicating "no smoking" or by the international "no smoking" symbol.
[Ord. No. 2021-11, 7-9-2021]
Any person who violates any provision of this chapter shall be subject to a fine of not more than $200 for each violation. In addition, a violation of this chapter shall be punishable as provided in Chapter 1.08, General Penalty, as applicable.
