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TOWNSHIP OF WEST WINDSOR

COUNTY OF MERCER, NEW JERSEY

ORDINANCE 2013 - 18 TOWNSHIP OF WEST WINDSOR

MERCER COUNTY, NEW JERSEY ORDINANCE AMENDING CHAPTER 140 OF THE CODE OF WEST WINDSOR TOWNSHIP TO PROHIBIT

SMOKING ON PUBLIC PROPERTY 1st

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ORDINANCE 2013 - 18

TOWNSHIP OF WEST WINDSOR MERCER COUNTY, NEW JERSEY

ORDINANCE AMENDING CHAPTER 140 OF THE CODE OF WEST WINDSOR TOWNSHIP TO PROHIBIT SMOKING ON PUBLIC PROPERTY

WHEREAS, pursuant to N.J. S. A. 40:48.2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not

contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of

the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, the previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J. S. A. 26: 3D- 63; and

WHEREAS, N.J. S. A. 2C: 33- 13b also provides that the owner and/ or operator of a public place, such as public parks and recreational areas, may prohibit smoking on such property; and

WHEREAS, the Township Council recognizes the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking on public property, such as public parks and recreation areas; and

WHEREAS, the Township Council has determined that the public interest is especially implicated in preventing the youth of West Windsor Township from being exposed and succumbing to the temptations of experimenting with tobacco products; and

WHEREAS, the Township Council also finds that the appearance of parks and recreation areas can be enhanced and the limited resources of the Township' s Department of Public Works can be conserved if smoking were to be [ banned from] controlled in such areas, thereby keeping such areas free of the litter generated by the smoking of cigarettes, such as cigarette butts, ashes and packaging.

NOW, THEREFORE BE IT RESOLVED, by the Township Council of West Windsor Township that the Code of West Windsor Township, Chapter 140, " Smoking and Use of Tobacco Products Banned"

shall

be

amended as

follows:

SECTION I

Article II PUBLIC PLACES 140- 5

Definitions.

As used in this chapter, the following words shall have the following

meanings;

ENCLOSED AREA shall mean all areas between a floor and ceiling, extending to the outer perimeter wall of a structure.

PARKS

AND

RECREATIONAL

FACILITIES

shall

include

all

public

parks,

playgrounds, ball fields, swimming pools, gardens, plazas publicly owned or leased by the Township of West Windsor and all property owned or leased by the Township of West Windsor 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 limited to, any sidewalk, parking area, driveway or drive aisle. MUNICIPAL BUILDINGS

shall include all structures owned, leased, rented and/ or

operated by the Township of West Windsor, and/ or occupied by Township employees and used for official business of the Township of West Windsor. 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. 140- 6 Prohibition of smoking in public places; sign. A.

Municipal Buildings. of

Smoking shall be prohibited within a thirty-five-foot radius entrance of all Municipal Buildings. No- smoking signs or the

the front

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 be clearly,

sufficiently and conspicuously posted both on the smoking is prohibited by this chapter. The signs building' 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 section)

shall

s

front

entrance where

sign shall also indicate that violators are subject to a fine.

B.

Parks

Recreational Facilities.

Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Township of West Windsor and all property owned or leased by the Township of West Windsor upon which the and

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 sidewalk, parking area, driveway or drive aisle, which have been designated with no- smoking signs. Smoking will be allowed by individuals who are outside of a thirty-five foot radius of non- smoking individuals and recreational structures located on park and recreational land owned or leased

by West Windsor Township. 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 posted in areas regulated by this chapter. The sign shall also indicate that violators

are

subject

to

a

fine.

However, the posting of said signs shall not

congest the overall appearance of the areas regulated by this chapter nor impose an inordinate expense upon the Township of West Windsor. Municipal Vehicles.

C.

Smoking shall be prohibited in any vehicle registered to the

Township of West Windsor. 140- 7

Enforcement

The enforcement authority of this chapter shall be the Business Administrator, Chief of Police, Director of Parks and Recreation, Health Officer or designees. 140- 8

Violations and penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not less than [$ 250. 00] and [$

$ 100. 00 for the first

offense, [$

500. 00] $ 250. 00 for the second offense

1, 000. 00} $ 500. 00 for each subsequent offense.

SECTION II.

In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the

Ordinance actually adjudged to be invalid, and the remaining portions of this Ordinance shall be deemed severable therefrom and shall not be affected. SECTION III.

This ordinance shall take effect upon final passage and publication in accordance with the law.

INTRODUCTION: December 9, 2013 as revised

PUBLIC HEARING: December 23, 2013 ADOPTION: December 23, 2013

MAYOR' S APPROVAL: December 26, 2013 EFFECTIVE DATE:

January

15, 2014

The following revisions were made as per 12/ 9/ 2013 Work Session

Sixth" WHEREAS" wording was changed from " banned from" to " control in" The Violations and penalties were reduced as followed: 250. 00 All

reduced

to $ 100. 00; $ 500. 00 reduced to $ 250. 00; $

crossed out sections

have been deleted.

1, 000. 00 reduced to $ 500. 00

TOWNSHIP OF WEST WINDSOR Division of Health

MEMORANDUM

TO:

Marlena Schmid, Business Administrator

FROM:

Jill M. Swanson, Health Officer

SUBJECT:

Summary - Draft Ordinance to Prohibit Smoking on Public Property

DATE:

December 4, 2013 ( REVISED December 10, 2013)

The attached draft Ordinance to Prohibit Smoking on Public Property and in Retail Establishments is provided for consideration. The following highlights are offered to summarize the provisions of the Township' s existing Code and the proposed revisions. Enactment of smoke-free policies is part of the coordinated federal and state

comprehensive tobacco control strategy aimed at reducing the burden of illness caused by tobacco use. The Centers for Disease Control and Prevention estimates that on an annual basis, 443, 000 people die pre- maturely another 8. 6 million live with a chronic illness due to exposure to second- hand tobacco smoke. Bans on outdoor smoking in public places help to reduce exposures to second- hand smoke and prevent children from developing smoking behaviors.

The draft of the ordinance was developed using similar models enacted by the City of Passaic and Princeton Board of Health.

As of September 2013, 195 local municipalities in New Jersey and 12 counties have passed similar regulations aimed at tobacco control in outdoor recreational sites.

Outdoor smoking on government- owned property in New Jersey is regulated in 56 municipalities and 7 counties.

This ordinance does not address smoking at the Princeton Junction train station. The Health Department has reviewed concerns regarding heavy smoke accumulation and cigarette litter in the vicinity of the station with NJ Transit officials. They recognized the problem and indicated that the NJ Transit Police have extended the area of enforcement

to include the stairway and landing area leading to the platform. West Windsor Township Code, Chapter 140 bans use of tobacco on properties and buildings owned or used by the school district. This includes the inside of buildings, outdoor areas and vehicles. This is enforced by the District and violations are heard in

municipal court. [ Chapter

140]

West Windsor Township Code, Chapter 115- 8 prohibits smoking at public meetings, in public theaters, public transportation licensed by the township, and in all Township buildings.

The New Jersey Smoke-free Air Act of 2006 ( N. J. S. F.A.A.) prohibits indoor smoking or infiltration of outdoor tobacco smoke into indoor public places. The state law does allow

for some exemptions but the Township currently has no active or proposed sites which qualify for the exemption such as cigar lounges, tobacco retail stores, or casinos. The law was updated in 2010 to include e- cigarettes.

The proposed ordinance supplements the existing local and state regulations with the following provisions.

The provisions establish a smoke-free zone within 35 feet of the front entrance of all

enclosed buildings owned or leased by West Windsor Township. The existing regulations restrict smoking only in the interior spaces of municipal properties. This provision is intended to establish a smoke-free zone at high foot-traffic areas at the main entrances of public buildings.

The provisions prohibit smoking within 35 feet of non- smokers at outdoor recreational areas owned or leased by the Township for use for recreational purposes— parks, sporting fields, courts and such. The Township Code currently restricts smoking on properties owned, leased or contracted by the school district. This provision will extend the protections to outdoor recreational venues which are Township- owned when they are being utilized by children or non- smokers. Signage. The ordinance calls for posting of smoke-free areas. The size and shape of the sign has not been specified in the wording of the ordinance to allow for siteappropriate designs.

The ordinance prohibits smoking in municipal vehicles. Please note the existing West Windsor Township Code 115- 8 prohibits smoking in vehicles licensed by the Township, such as taxi cabs.

Fines. The proposed fines are consistent with those established for violations of the N. J. S. F. A. A. for the third

and are set at $ 250. 00

for the first, $ 500. 00 for the

and each subsequent offense.

second and $

1, 000. 00

Active enforcement of smoking behavior is a

challenge; however, enacting smoking prohibitions serves to establish norms and

expectations in the community which are protective of health and promote positive lifestyles.

Please

advise

if further

clarifications are

necessary.

AFFIDAVIT Now

STATE OF NEW JERSEY

: SS

COUNTY OF MERCER

AFFIDAVIT OF PUBLICATION

I, Sharon L. Young, Municipal Clerk of the Township of West Windsor in the County of Mercer,

being duly sworn according to law, depose and say that the notice which is attached hereto is exactly as it was published on December 13, 2013 in the Princeton Packet, a semi- weekly newspaper of general circulation, printed in the State of New Jersey and having its publication office at 300 Witherspoon Street, Princeton, New Jersey.

NOTICE OF PENDING ORDINANCE OROBLIIMCB EOM• iS OF WEST TM100014

TOWN *,

R COUNTY, NEW ARMY

M

ORDINANCE AMENDING CHAPTER 140OF? HE

CODE OF WEST WINDSOR TOWNSHIP TO PROHIBIT SMOKING ON PUBLIC PROPERTY• ordinance

publishedd

herewith'

U treduc= d and

was

of theme Township of West Windsor, inn Lie

nil

MMerYcer, State of New Jerse, held on November 25', 213. It will be further considered for tlnal passaggee aftef°public

hearing thereon, at an meeting of the governing body to be

held in the West Windsor Township Municipal Building, in the Township on December 9, 2013 at7:00 ' cidck P.M.,

and during the weeksprior toesand up to end including the of said ordinance will be date

of such

meeting,

made available at the Clerk's office to the members of the general public who shall request

the same.

1•

Sharon L. Young Township Clerk West Windsor Township Fee:$ 20.30

PF, 1X, 12/ 13/ 2013

Sharp L. PD: 12/ 13/ 2013

Public Notice ID: Sworn and subscribed to

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Adv. Fee: $ 20. 30

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