08/13/08

TITLE: CLINTON TO BAN SMOKING IN PUBLIC PLACES
DESCRIPTION:
Time: 15:19:52

ARTICLE

TOWN OF CLINTON

HUNTERDON COUNTY, NEW JERSEY

ORDINANCE NO. 08-

AN ORDINANCE TO AMEND CHAPTER 105 OF THE CODE

OF THE TOWN OF CLINTON TO PROHIBIT SMOKING IN

ALL PARKS, PLAYGROUNDS AND PARK FACILITIES

WHEREAS, municipalities are authorized by N.J.S.A. 40:48-1 and 40:8-2 to regulate smoking in public areas in order to protect the health and welfare of their citizens; and

WHEREAS, the Town of Clinton wishes to promote and enhance the healthy environment of its parks, playgrounds and park facilities for the safe enjoyment of these facilities by all individuals by restricting smoking in its parks, playgrounds and park facilities;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Clinton, in the County of Hunterdon and State of New Jersey, as follows:

Section 1.  Article I of Chapter 105 entitled “Parks” of the Code of the Town of Clinton is hereby repealed and replaced in its entirety with the following:

ARTICLE I

Smoking Restrictions in Recreational Areas

§105-1. Smoking prohibited.

No person shall smoke or carry any lighted tobacco products in any of the parks, playgrounds or park facilities, including Gebhardt Field and any other ball fields or recreational fields, within the Town of Clinton.

§105-2. Posting of notice.

The Public Works/Business Administrator or his designee is authorized to post adequate notice of the smoking prohibition in conspicuous places near the entrances to and within the parks, playgrounds, park facilities, ball fields and recreational fields.

§105-3. Violations and penalties.

Any person violating or failing to comply with any provision of this article shall, upon conviction thereof for a first offense, be punished by a fine of not more than $50.00, or by community service of not more than 2 days; for a second offense within the same calendar year, by a fine of not more than $100.00, or by community service of not more than 5 days; for a third offense within the same calendar year, by a fine of not less than $200.00, or by community service of not less than 10 days, or any combination of fine, imprisonment or community service as determined in the discretion of the Court.

Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 3. If any section, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction for any reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

Section 4.  This Ordinance shall take effect upon final passage and publication according to law. 

                                                                                    TOWN OF CLINTON

ATTEST:

__________________________                                            __________________________________

CECILIA COVINO, CLERK                                                                         CHRISTINE SCHAUMBURG, MAYOR