416 New Jersey Avenue, Point Pleasant Beach, NJ 08742 • 732-892-1118 • www.pointpleasantbeach.org
Welcome to Point Pleasant Beach

Point Pleasant Beach News


Printable Version


ORDINANCE 2017- 28 No Smoking on Boardwalk

Adopted: December 5, 2017

ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER III ENTITLED “POLICE REGULATIONS” AT SECTION 39 ENTITLED “SMOKING PROHIBITED ON MUNICIPAL AND BOARD OF EDUCATION PROPERTY” TO INCLUDE THE BOARDWALK IN THE COVERED PROPERTY AND TO PROHIBIT THE USE OF E-CIGARETTES IN THE COVERED AREAS

WHEREAS, the Borough's public facilities and those lands of the school board are for the enjoyment and use of the public in a healthy and wholesome manner; and

WHEREAS, the odors caused by persons who smoke and the litter caused by persons who improperly dispose of such litter on public properties significantly detract from the wholesome, healthy environment and reduce the enjoyment of these public properties for those who want to enjoy the healthy and wholesome environment free of smoke-related pollution.

WHEREAS, the Borough of Point Pleasant Beach deems it appropriate, necessary, and proper for the protection of persons and property, and for the preservation of the public health, welfare, and safety of residents and visitors to adopt certain regulations pertaining to smoking in the Borough.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:

SECTION I. Chapter III at Section 39 of the Borough Code of the Borough of Point Pleasant Beach is hereby amended and supplemented as follows:

3-39.1 Legislative Statement. No change
3-39.2 Definitions Replace the current 3-39.2 with the following:
Public Facilities. The public facilities covered under the within ordinance include the entire buildings and grounds of the Borough Hall, water department and public works building, Pleasure Park, the Newark Avenue playground, the bandshell area, the little league ballfields, the gazebo on Arnold Avenue, the Maryland Avenue oceanfront beach, all public portions of the boardwalk, and the grounds of the public schools under the control of the Point Pleasant Beach Board of Education.
“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.
Smoking. “Smoking” means 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.
3-39.3 Prohibition. Replace the current 3-39.3 with the following:
Smoking is prohibited in, on, or under all of the public areas covered by the within section.
3-39.4 No change.
. 3-39.5 No Change
3-39.6 Violations and Penalties. Replace the current 3-39.6 with the following:
Any person who violates this section shall be guilty of a petty disorderly persons offense and subject to a $200 fine pursuant to N.J.S.A. 2C:33-13.

SECTION II.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION III.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION IV.

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





Approved this ___ day of ________, 2017:


________________________________
Borough of Point Pleasant Beach
Stephen D. Reid, Mayor





NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 21st day of November, 2017 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 5th day of December, 2017 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published November21, 2017 | New Ordinances | 2697


Municipal Forms Download for Android Download for Iphone
Download for Iphones
Download for Android


Add/Remove/Update Your Contact Information
SwiftReach Networks, Inc.

Municipal Forms

Power Outage

Hurricane Sandy Information