East Brunswick council introduces ordinance updating smoking violations

EAST BRUNSWICK – Aiming to have the municipal code address innovations that relate to smoking, the East Brunswick Township Council has introduced an ordinance that amends the code and adds new regulations.

State law prohibits smoking in public and Section 158 of the municipal code regulates parks and public lands, according to the council agenda.

The purposes and goals of the state law and regulations concerning tobacco, nicotine and electronic smoking devices would be furthered by the local regulation of the use and possession of electronic smoking devices by minors, according to the council agenda.

Business Administrator Joseph Criscuolo said the East Brunswick Police Department requested the modification to the township code.

Council members introduced the ordinance on March 11.

The municipal code must be revised to reflect modern trends relating to the smoking, consumption of nicotine, tobacco and other products, according to the council agenda.

The mayor and council members have determined that consistent with the purposes of relevant state law, it is in the best interests of the public health, safety and welfare of East Brunswick and its residents to prohibit smoking and smoking devices by individuals under the age of 18 in public places, according to the council agenda.

An electronic smoking device means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe, according to the council agenda.

An indoor public place means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public.

Regulations pertaining to the use of park property includes that: smoking is prohibited in an indoor public place; smoking is prohibited in any area of any building of or on the grounds of any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.

No person attending an athletic and/or recreational event that takes place on school property shall smoke in any area closer than 50 feet from the boundary of any athletic field and/or within 50 feet of any of the event participants whether or not such participants are engaged in event activities.

No smoking shall take place in any restrooms serving an athletic and/or recreational event on township property during the course of an athletic or recreational event. Smoking is prohibited within 50 feet of any area where food or beverages are served.

This prohibition shall apply only to those athletic or recreational events where any of the participants are 18 years of age or younger, according to the council agenda.

Violators will be subject to the following penalty upon conviction: $100, plus costs, for a first offense; $250, plus costs, for a second offense; a third or subsequent offense shall carry fines up to $500, according to the council agenda.