Title
AN ORDINANCE AMENDING TITLE 20, CHAPTER 2, SECTION 23. SMOKING IN PROHIBITED PLACES; PENALTY, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, AS AMMENDED AND SUPPLEMENTED BY ADDING PROVISIONS RELATING TO SMOKING IN OUTDOOR AREAS, HOOKAHS, ELECTRONIC SMOKING DEVICES AND CERTAIN OTHER AMMENDMENTS.
Sponsors: Ramos/Gonzalez
Body
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 formerly codified at N.J.S.A. 26:3D-41, which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63; and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, as additional basis for the City's authority to enact smoking laws to govern parks and recreational areas, it may be noted that the City is the owner and operator of numerous public sites, and that the statutes provide that smoking or carrying lighted tobacco may be prohibited by the owner and/or operator of a public place, such as public parks and recreational areas, N.J.S.A. 2C:33-13b; and
WHEREAS, N.J.S.A. 8:6-2.3a allows municipalities to create buffer zones by buildings that are smoke free; and
WHEREAS, it is in the interest of the City of Newark to refer to those areas as Smoke Free Zones; and
WHEREAS, the Municipal Counc...
Click here for full text