[Adopted 3-3-1997 by Ord. No. O-2-97; amended 5-22-2017 by Ord. No. O:23-2017]
As used in this article, the following terms
shall have the meanings indicated:
Any electronic device that can be used to deliver nicotine
or other substances, including vapor, to the person inhaling from
the device.
Any athletic fields, playgrounds and other active and passive
recreation areas owned, leased or operated by the Township of Monroe
to which the general public is invited.
Any individual, which includes any Township employee, appointed
individual and/or visitor to any Township facility, building or property.
Any municipally owned, maintained and/or operated building,
structure, facility or complex, park, lands or vehicles to which the
general public is invited.
The inhaling, exhaling, burning or possession of any lighted
cigar, cigarette, pipe or similar device or any other combustible
or inhalable tobacco product or any matter or substance which contains
tobacco or any other material that can be smoked, or the inhaling
or exhaling of smoke or vapor products from an electronic smoking
device.
Any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis or any other preparation of tobacco, including
electronic devices and dissolvable tobacco products not FDA-approved
for tobacco cessation.
Includes any building which is legally owned and/or leased
by the municipality for the purpose of conducting any business on
behalf of the Township of Monroe.
A.
Except where otherwise provided herein, smoking shall be prohibited
at all times on or within public buildings, structures or property
where the public is present, invited, or gathers, within the Township
of Monroe, including but not limited to the following places:
(1)
In every room, office, chamber, lobby, hallway and other common areas
in all public buildings owned, leased or operated by the Township.
(2)
Parks and recreation areas, including trails, roadways and parking
areas located within a park, established specifically for the purposes
of active or passive recreation.
(3)
Within 25 feet of any entrance or exit areas of any Township-owned,
-leased or -operated buildings where smoke may enter the air people
breathe through such entrances, exits, windows or ventilation systems,
unless posted otherwise.
(4)
Any vehicles owned and/or leased, in part or entirely, by the Township
of Monroe.
(5)
Public areas of libraries, museums or the like which are funded or
partially funded by government agencies.
(6)
Any polling places within 100 feet of the public entrances to any
polling places during the time at which elections are being conducted.
B.
Smoking-optional areas. Notwithstanding the prohibitions contained
in the foregoing provisions, outdoor smoking areas may be designated
by the Township Council by resolution of same. However, pursuant to
N.J.A.C. 8:6-2.3 et seq., smoking is prohibited at an exterior area
if smoking in the exterior area results in migration, seepage, or
recirculation of smoke to an indoor workplace at which smoking is
prohibited. Therefore, smoking areas, once approved, shall bear signs
specifically designating that they are smoking areas. Smoking areas
shall be at least 25 feet from any public entrance or exit areas of
public buildings where smoke may enter the air people breathe through
such entrances, exits, windows, or ventilation systems. Except as
provided by resolution, no smoking shall be permitted in any other
areas of any public buildings, parks or recreation areas.
"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 on every public property where smoking is controlled by this
article. The "Smoking" signs shall be posted only in those areas so
designated by resolution of the governing body.
The implementation and administration of regulations concerning
the Township's designation of the Township's smoking areas shall be
approved by resolution as necessary from time to time under this article
in accordance with the terms of this section. Prior to implementing
any such designations by resolution, the Township Council shall consult
with and obtain input from the designated Township official and/or
advisory boards regarding the proposed designated smoking areas. Notwithstanding
anything to the contrary contained in this section, any designated
areas implemented hereunder shall not contradict the specific terms
of this article, nor may the penalties imposed under this article
be assessed for a violation of any regulation implemented by the Township
Council, unless such violated regulation was, prior to the violation,
adopted by ordinance.
The provisions of this article shall be enforceable by a police
officer, health officer or designee, employee of the Township, or
any other individual so designated by the Township Council, as designated
enforcement officers for the purposes of enforcing this article. Any
citizen may register a complaint under this article with a police
officer, health officer or designee, or the Administrator or Municipal
Clerk of the Township. Said complaint shall be filed in the Municipal
Court of the Township of Monroe.
It shall be unlawful for any person to smoke in any area where
smoking is prohibited under this article.
A.
Any person who smokes in an area in which smoking is prohibited and
is convicted of violating any provision of this article shall be subject
to a fine of not less than $100 and not more than $1,000 for each
offense and/or community service not to exceed 30 days. Each offense
of this article shall be deemed and taken to be a separate and distinct
offense.
B.
Any person found guilty of defacing, tampering with or removing "No
Smoking" or "Smoking" signs, which are required by this article, shall
be guilty of a disorderly persons offense and subject to a maximum
fine of $200, plus the cost of replacing the sign.
C.
Any juvenile adjudicated to have violated the provisions of this
article shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this article.
No provision of this article shall be construed or interpreted
to allow smoking where it is otherwise restricted or prohibited by
other laws.
