The Township Council of the Township of Medford hereby finds
and determines that:
A. The smoking of tobacco products is a major contributor to indoor
air pollution and breathing secondhand smoke is a cause of disease
to nonsmokers;
B. The United States Department of Environmental Protection (EPA) has
designated secondhand smoke as a Class A carcinogen as well as a significant
cause of respiratory problems in children;
C. In 1986 the U.S. Surgeon General found that the active smoking of
tobacco products and the passive inhalation of environmental tobacco
smoke are the most prevalent causes of preventable death, disease
and disability;
D. The U.S. Surgeon General found that separating smokers from nonsmokers
within the same air space does not eliminate the exposure of nonsmokers
to environmental tobacco smoke;
E. The New Jersey Legislature finds and declares that tobacco is the
leading cause of preventable disease and death in the State of New
Jersey and the nation and tobacco smoke constitutes a substantial
health hazard to the nonsmoking majority of the public;
F. The State of New Jersey has acknowledged that careless smoking is
the leading cause of death from fire;
G. Smoking leads to the inevitable discard of tobacco products and a
source of litter by those who fail to properly dispose of cigarettes;
H. The State of New Jersey entered into litigation against various tobacco
product manufacturers and others for the purpose of improving the
public's health and adopting policies and programs to achieve
a significant reduction in smoking by its citizens and, in particular,
by youth and, as part of a settlement, the State of New Jersey received
significant funding for the advancement of public health, including
the implementation of important tobacco-related public health measures
and restrictions;
I. In 2006, the Legislature enacted the New Jersey Smoke-Free Air Act,
N.J.S.A. 26:3D-56 et seq., creating an outright ban on smoking in
virtually all public indoor facilities and extending such ban to the
grounds of any public or nonpublic elementary or secondary school
regardless of whether the area is an indoor or outdoor public place;
and
J. The Legislature has deemed the control of smoking to be a necessary
and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1
et seq., 40:48-2 et seq., and N.J.S.A. 2C:33-13 for the preservation
of public health, safety and welfare of the community.
As used in this chapter only, the following words and terms
shall be defined as set forth below. All other terms, words and phrases
not defined herein shall be given their customary meaning.
PARK
Any athletic fields, playgrounds and other active and passive
recreation areas primarily of service to youth owned, leased, operated
or under the ownership control of Medford Township to which the general
public is invited and youth under the age of 18 may gather.
PERSON
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
PUBLIC BUILDING
Any building, structure, facility or complex, including appurtenant
parking areas, owned, leased, operated or under the ownership control
of Medford Township to which the general public is invited.
SMOKING
The inhaling, exhaling, burning or possession of any lighted
cigar, cigarette, pipe or other combustible tobacco product in any
manner or in any form.
"Smoking" or "No Smoking" signs, as appropriate, or the international
"No Smoking" symbol (a picture of a burning cigarette inside a red
circle with a red bar across it) shall be clearly and conspicuously
posted by the owner, operator, manager, employer or such other person
in control of every public building where smoking is controlled by
this chapter. The color of such signs, when not of the international
type, shall have letters that are distinct, contrasting to the background
and easily read. The "No Smoking" signs shall be posted, at a minimum,
on every area which provides an entry to the public building. The
sign shall list the ordinance number and applicable fine. The "Smoking"
signs shall be posted only in those areas so designated by the Township
Manager as provided by this chapter.
The Township Manager shall have the authority to prepare, implement and administer regulations concerning the Township's designation of smoking areas under this chapter in accordance with the terms of this Chapter
126. Prior to implementing any such designations, the Township Manager shall a) consult with and obtain input from the designated Township staff regarding the proposed smoking areas, b) provide copies of the proposed smoking areas to all members of Council, and c) provide notice to Township residents and an opportunity for and consideration of comments pursuant to the following sentence. The public notice required by phrase c) of the foregoing sentence may be accomplished by any means reasonably calculated to make the proposed designations generally available to Township residents, which notice may include publication in a local newspaper or posting on the Township's website and shall be for a period of at least 14 days prior to the effective date of the proposed regulations. Council may at any time, by resolution or ordinance, adopt, amend or rescind any regulations implemented by the Township Manager under this Chapter
126. Notwithstanding anything to the contrary contained in this Chapter
126, any designated areas implemented hereunder shall not contradict the specific terms of this chapter, nor may the penalties imposed under this chapter be assessed for a violation of any regulation implemented by the Township Manager, unless such violated regulation was, prior to the violation, adopted by an ordinance. The sole recourse of the Township for the violation of a regulation implemented by the Manager hereunder and not adopted by an ordinance shall be the Township's refusal to provide the applicable service to the violating resident.
The provisions of this chapter shall be enforceable by a police
officer or employee of the Township of Medford, as well as by any
other individual. Any person seeking to enforce the provision of this
chapter shall be authorized to file a complaint in the Municipal Court
of the Township of Medford.
No provision of this chapter shall be construed or interpreted
to allow smoking where it is otherwise restricted or prohibited by
other laws.