Chapter 70. Smoking Regulations

Chapter 70 SMOKING REGULATIONS

§ 70-1. Short title.

§ 70-2 Definitions.

§ 70-3 Prohibited Acts.

§ 70-4 Other Prohibited Acts.

§ 70-5 Posting of Signs.

§ 70-6 Violations, Penalties and Disciplinary Action.

§ 70-7 Right to withhold public services.

§ 70-8 Enforcement

§ 70-9 Repealer

§ 70-10 Severability.

§ 70-11 When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 3-8-93 as Ord. No. O-93-10.

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 70-1 Short title.

This ordinance may be known and may be cited as the "Gloucester Township Smoking Regulations Ordinance.

§ 70-2 Definitions.

For the purpose of this ordinance, unless a different meaning clearly appears from the context, the following words shall be defined to include and to mean the following:

MUNICIPAL BUILDINGS - A building or portion of a building owned or leased to or by the Township of Gloucester.

SMOKING - The burning or carrying of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco.

§70-3 Prohibited Acts.

Smoking is prohibited in all municipal buildings in the Township of Gloucester.

§70-4 Other Prohibited Acts.

No officer, employee, agent or other person shall smoke in any municipal vehicle except the driver when no other person is present. Smoking is prohibited at any time in municipal buses.

§70-5 Posting of Signs.

A. All municipal buildings shall be subject to this regulation and signs shall be conspicuously posted therein with letters at least one (1) inch in height stating "SMOKING PROHIBITED" or designated by the appropriate smoking prohibited international symbol.

B. The sign may indicate that violators are subject to a fine.

C. Every sign required by this section shall be located so as to be clearly visible to the public and employees.

§ 70-6 Violations, Penalties and Disciplinary Action.

A. Any person violating any provision of this Ordinance, upon conviction in Municipal Court having jurisdiction, shall be subject to a minimum fine of twenty-five ($25.00) dollars but not to exceed fifty ($50.00) dollars; for any subsequent offenses, the fine shall be not less than fifty ($50.00) and not more than one hundred ($100.00) dollars.

B. In addition to the fines and penalties under subsection A, above, any official and/or employee found to have violated the provisions of this Ordinance, after notice to disciplinary action pursuant to the appropriate state statute (s), civil service regulation(s), the Code of the Township of Gloucester or other relevant regulatory guidelines.

§ 70-7 Right to withhold public services.

Department/division heads shall have the right to withhold the services of his department/division to any member of the public who smokes in a municipal building, provided that the department/division head and/or Township employee informs that person that smoking is prohibited. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving notice.

§ 70-8 Enforcement.

The Code Enforcement Officer shall be respobsible for executing or enforcing this chapter against any member of the public in violation hereof.

§ 70-9 Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 70-10 Severability.

If any article, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision or invalidity shall not affect the remaining portions of this Ordinance.

§ 70-11 When effective.

This Ordinance shall take effect immediately upon final passage and publication as required by law.