[Adopted 9-7-2021 by Ord. No. 24-21]
The purpose of this chapter is to prohibit smoking in and on
Town of Boonton municipal buildings, property, recreation areas and
facilities.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein,
unless their use in the text of this article clearly demonstrates
a different meaning:
MUNICIPAL BUILDINGS
All buildings, structures, facilities or complexes, including
appurtenant parking areas, that are owned, leased, rented and/or operated
by the Town of Boonton or occupied by Town of Boonton employees and
used for official business of the Town of Boonton.
PARKS AND RECREATION AREAS AND FACILITIES
All public parks, playgrounds, ball fields, and other recreation
facilities publicly owned or leased by the Town of Boonton, and all
property owned or leased by the Town of Boonton upon which the public
is invited or upon which the public is permitted 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.
PERSON
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
SMOKING
The burning of, inhaling from, exhaling from, or the possession
of a lighted cigar, cigarette, pipe, electronic cigarette, vaping
device, or any other matter or substance which contains tobacco, cannabis,
or any other matter that can be smoked.
Except as otherwise provided herein, smoking shall be prohibited
in the following places:
A. All municipal buildings as defined herein;
B. On any municipal property, if within a 100-foot radius of entrances
and exits of all municipal buildings;
C. Public areas of libraries, museums, or the like which are funded
or partially funded by government agencies;
D. All public parks and recreation facilities owned or leased by the
Town of Boonton, and all property owned or leased by the Town of Boonton
upon which the public is invited or upon which the public is permitted
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;
E. All vehicles registered to the Town of Boonton.
Except as otherwise provided herein, and in addition to the
restrictions set forth above, cannabis shall not be smoked, ingested
or consumed in any manner at any of the following places:
A. A school, or on any property owned by the Town of Boonton Board of
Education, or owned by its related entities.
"No Smoking" signs, or the international no-smoking symbol (consisting
of a pictorial representation of a burning smoking item 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 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.
The provisions of this chapter shall be enforceable by the Police
Department or any other employee of the Town of Boonton, as well as
any other individual. Any person seeking to enforce the provisions
of this chapter shall be authorized to file a complaint with the Municipal
Court of the Town of Boonton.