Township of Cedar Grove, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and e-cigarettes — See Ch. 117.
[Adopted 4-25-2005 by Ord. No. 05-629]
The Township Council of the Township of Cedar Grove does hereby find and determine that:
A. 
Numerous studies have found tobacco smoke is a major contributor to air pollution.
B. 
The United States Environmental Protection Agency (USEPA) has designated secondhand smoke as a "Class A" carcinogen as well as a significant cause of respiratory problems in children.
C. 
Reliable studies have shown that environmental tobacco smoke is a cause of cardiovascular disease in nonsmokers and that breathing environmental tobacco smoke is a significant health hazard for children, the elderly and individuals with cardiovascular disease, impaired respiratory function and asthma.
D. 
The United States Surgeon General has found that separating smoke from nonsmokers within the same air space does not eliminate the exposure of nonsmokers to environmental tobacco smoke.
E. 
The Cedar Grove Township Board of Education is publicly committed to have a tobacco-free school environment to protect the health of its students and staff members.
F. 
The use of any tobacco product presents a significant health hazard to the students and staff members of the Cedar Grove Township Board of Education.
G. 
The sale of all tobacco products to minors is an illegal act in the State of New Jersey.
H. 
The Cedar Grove Township Board of Education needs the support of the entire Cedar Grove community to effect meaningful change in this important health matter.
I. 
The Municipal Council of the Township of Cedar Grove finds that it is within its inherent governmental powers conferred upon it by N.J.S.A. 40:48-1 and N.J.S.A. 40:48-2 to implement and enforce the provisions of this article regulating smoking in school buildings under the control of the Board of Education of the Township of Cedar Grove.
As used in this article, 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.
COMMON AREA
The walkways, parking areas, driveways, lawns, yards, gardens of any school building, athletic fields, vehicles in parking areas and all accessory structures, improvements or appurtenances used for the management, operation or maintenance of the school building.
PERSON
Any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
SCHOOL BUILDINGS
Any building, structure, facility or complex used by students and/or the general public, or to which students and/or the general public are invited, which is constructed and/or operated or leased by the Board of Education of the Township of Cedar Grove, including school district offices or work areas.
SMOKING
The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form.
Smoking shall be prohibited in the following places:
A. 
Every room, chamber, lobby, hallway and the common areas of any school buildings which are under the control of the Board of Education of the Township of Cedar Grove as well as school vehicles.
"No Smoking" signs or the international "No Smoking" symbol shall be clearly and conspicuously posted by the person in control of every school building where smoking is controlled by this article. The color of such signs, when not of the international type, shall have letters that are distinct, contrasting to the background, and easily read. Letters shall have a minimum height of three-quarters of an inch. The "No Smoking" signs shall be posted, at a minimum, on every doorway which provides an entry to the school building.
The provisions of this article shall be primarily enforceable by the Board of Education of the Township of Cedar Grove and its administration and employees with the assistance of the Township Police Department by the filing of a complaint in the Municipal Court of the Township of Cedar Grove.
A. 
Any person who smokes in an area in which smoking is prohibited by the provisions of this article shall, upon conviction, be subject to a fine of up to $50 and 15 hours of community service for the first offense, up to $100 and 30 hours of community service for the second offense, and $250 and 50 hours of community service for the third and each subsequent offense.
B. 
Any person found guilty of defacing or removing "No Smoking" signs, which are required by this article, shall be subject to a fine of not less than $100 nor more than $200 plus the cost of replacing the sign.
[Adopted 2-6-2017 by Ord. No. 17-804]
As used in this article, the following words shall have the following meanings:
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
Includes all structures owned, leased, rented and/or operated by the Township of Cedar Grove, and/or occupied by Township employees and used for official business of the Township of Cedar Grove.
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, publicly owned or leased by the Township of Cedar Grove and all property owned or leased by the Township of Cedar Grove 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.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
A. 
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 article. 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. 
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance 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 thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this article. 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. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Township of Cedar Grove and all property owned or leased by the Township of Cedar Grove 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 article. 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. 
Smoking shall be prohibited in any vehicle registered to the Township of Cedar Grove.
The enforcement authority of this article shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Township of Cedar Grove.
Any person who violates any provision of this article shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this article may also be subject to discipline in accordance with the provisions of the Township of Cedar Grove's policies and procedures.