Ordinance 2488: Smoking Prohibited On Borough Property & In Borough Vehicles

A bill sponsored by Mayor Carl Hokanson to make Michael Mauri Park a non-smoking area has been expanded to prohibit smoking on borough property and in borough vehicles. Ordinance 2488 will prohibit smoking on most property owned by the borough.

The ordinance cites three (3) state statutes as the basis and backing for the law. The first is NJSA 40:48-2 which allows a municipal governing body to enforce such ordinances for the preservation of the public health. The second, NJSA 26:3D-63, expressly authorizes municipalities to enact strict ordinances regulating smoking. The last statute is NJSA 2C:33-13(b) and this provides that the owner and/or operator of a public place, such as public parks and recreational areas, may prohibit smoking on said property.

The bill additionally stated that the prohibition on smoking is in the public interest and will enhance the appearance of public parks and recreational areas.

Smoking will not be allowed in borough-owned or leased buildings, ball fields, parks, playgrounds, and recreational facilities along with areas adjacent to such facilities including – but not limited to – any parking areas, driveways, or drive aisles. For borough buildings, smoking will be prohibited within a 25-foot radius of the front entrance. The Roselle Park Municipal Complex will allow for smoking in the parking lots as long as it is at least 25 feet from the front entrances of Borough Hall and the police station.

Smoking will also be prohibited in all vehicles registered to the borough.

The fine for violating the local law will be $250 for the first offense and $500 for each subsequent offense. Borough employees will be subject to a fine and disciplinary action.

The enforcement authorities will be the Roselle Park Police Department and the Roselle Park Deputy Code Enforcement Officer.

Smoking will include cigars, cigarettes, pipes, vape pens or other vapor-related products, e-cigarettes, or any other substance which contains tobacco or any other matter that can be smoked.

The public hearing and vote on the ordinance are set for the May 4th Mayor & Council meeting at 7 p.m. in the Roselle Park Municipal Complex located at 110 East Westfield Avenue.

Download Ordinance 2488