[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
It shall be unlawful for any person to smoke in any area where smoking is prohibited under this chapter.
B. 
Any person who violates any provision of this chapter shall be subject to a fine of not more than $200 for a first offense, $400 for a second offense, $1,000 for a third offense, and $2,000 for each subsequent offense.
C. 
Any person found guilty of defacing, tampering with, or removing "No Smoking" signs which are required by this chapter shall be guilty of a general ordinance violation and subject to Chapter 1, General Provisions, Article III, General Penalty, and those provisions therein set forth, and subject to the sound discretion of the Municipal Court Judge.
D. 
Any juvenile adjudicated to have violated the provisions of this chapter shall be subject to such penalties, fines, or other discipline as may be imposed upon an adult pursuant to this chapter.
E. 
Any municipal employee found to be in violation of this chapter may also be subject to discipline in accordance with the Town of Boonton's policies and procedures.