[HISTORY: Adopted by the Township Committee of the Township
and West Deptford 8-18-2021 by Ord. No. 2021-15.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 62, Art.
I, Smoking in Meeting Rooms, adopted 4-19-1979 by Ord. No. 79-5, as
amended, and former Art. II, Use of Tobacco Products Within 25 Feet
of Township Buildings, adopted 3-20-2014 by Ord. No. 2014-04.
A.Â
The Legislature of the State of New Jersey in N.J.S.A. 40:48-2, provides
that the governing body of a municipality may make, amend, repeal,
and enforce such ordinances, regulations, rules and by-laws not contrary
to the laws of this State or of the United States, as it may deem
necessary and proper for the good of government, order and protection
of person and property, and for the preservation of the public health,
safety and welfare of the municipality and its inhabitants, and as
may be necessary to carry into effect the powers and duties conferred
and imposed by any law; and said Legislature in N.J.S.A. 26:3D:55,
et seq., known and cited as the "New Jersey Smoke-Free Air Act," provides
for prohibitions regarding smoking, and therein, by N.J.S.A. 26:3D-63,
expressly authorizes municipalities to enact ordinances under the
authority of N.J.S.A. 40:48-1 or 40:48-2, or by any other statute
or regulation adopted pursuant to law for the purposes of protecting
life and property from fire or protecting public health, and prohibiting
smoking, and further, expressly authorizes municipal ordinances to
provide restrictions on or prohibitions against smoking equivalent
to, or greater than those provided under the New Jersey Smoke-Free
Air Act.
B.Â
The Legislature of the State of New Jersey in N.J.S.A. 2C:33-13b,
provides that the owner and/or operator of a public place, such as
public parks and recreational areas, may prohibit smoking on such
property.
A.Â
The Township Committee recognizes the well-known health and safety
risks posed by smoking and finds that it is within the public interest
to prohibit smoking in public buildings and on public property, such
as public parks and recreation areas;
B.Â
The Township Committee has determined that the public interest is
especially implicated in preventing the youth of West Deptford from
being exposed and succumbing to the temptations of experimenting with
tobacco products; and
C.Â
The Township Committee also finds that the appearance of parks and
recreation areas can be enhanced and the limited resources of the
Township's Department of Public Works can be conserved if smoking
were to be banned from such areas, thereby keeping such areas free
of the litter typically generated by smoking, such as cigarette butts,
ashes and packaging.
As used in this chapter, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all structures owned, leased, rented and/or operated
by the Township of West Deptford, and/or occupied by Township employees
and used for official business of the Township of West Deptford.
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the Township of West Deptford and all property
owned or leased by the Township of West Deptford 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 drive aisle.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, e-cigarette, pipe, battery
or electronic smoking device, or other paraphernalia that can be used
to consume tobacco, e-liquid, cannabis, marijuana products or a tobacco-like
substance. Tobacco products encompasses all smokeless tobacco, including
but not limited to chewing tobacco, loose leaf tobacco, tobacco pellets,
plug tobacco, twist or rope tobacco, dipping tobacco and dissolvable
tobacco.
A.Â
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.
B.Â
Smoking shall be prohibited within a twenty-foot radius of entrances
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 twenty-foot perimeter of the
entrances 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.
C.Â
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Township of West Deptford and all property
owned or leased by the Township of West Deptford 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 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.
D.Â
Smoking shall be prohibited in any vehicle registered to the Township
of West Deptford.
The enforcement authority of this chapter shall be the Police
Department, Fire Department, Recreation Department, and Public Works
Department of the Township of West Deptford.
Any person who violates any provision of this chapter shall
be subject to a fine of not more than $50 for the first offense, $100
for the second offense, $200 for a third offense, and $500 for each
subsequent offense. Any municipal employee found in violation of this
chapter may also be subject to discipline in accordance with the provisions
of the Township of West Deptford's policies and procedures.
