PRINCETON REGIONAL HEALTH
COMMISSION ORDINANCE 2000 - 01
AN ORDINANCE FOR SMOKE - FREE
PUBLIC PLACES AND WORKPLACES WITHIN THE
BOROUGH AND TOWNSHIP OF PRINCETON
WHEREAS, numerous studies have found that tobacco is a major
contributor to indoor air pollution and that breathing second-hand smoke is a
cause of disease, including lung cancer, in nonsmokers; and
WHEREAS, the health hazards of breathing second-hand smoke
include lung cancer, heart disease, respiratory infection and decreased
respiratory function; and
WHEREAS, the active smoking of tobacco and the passive
inhalation of environmental tobacco smoke are the most prevalent causes of
preventable death, disease and disability; and
WHEREAS, the U.S. Surgeon General found that separating smokers
from non-smokers within the same air space does not eliminate the exposure of
nonsmokers to environmental tobacco smoke; and
WHEREAS, the State of New Jersey has acknowledged that
smoking is the leading cause of death from fire; and
WHEREAS, the State of New Jersey has entered into litigation
against various tobacco product manufacturers and others for the purpose of
improving the public's health and adopting policies and programs to achieve a
significant reduction in smoking by its citizens and, in particular, by youth;
and
WHEREAS, as a part of its settlement the State of New Jersey
will receive significant funding for the advancement of the public's health,
including the implementation of important tobacco-related public health
measures and restrictions; and
WHEREAS, the Legislature has deemed the control of smoking to be a necessary and proper exercise of municipal authority pursuant to N.J.S.A. 40:48-1 et seq. And 40:48-2 et seq. and N. J. S. A. 2C:33-13 for the preservation of the public health, safety and welfare of the community; and
WHEREAS, on the basis of scientific reports, other
authoritative data and the published warnings of the U.S. Surgeon General, the
Princeton Regional Health Commission finds that the public interest and public
trust to safeguard the welfare of the citizens of Princeton require that
certain measures be established to eliminate exposures to the risk of harm due
to the use of lighted tobacco products and due to environmental tobacco smoke
in order to:
1) protect the public health and welfare
from dangerous, unnecessary or involuntary health risks by prohibiting smoking
in public places and workplaces; and
2) guarantee that the need to
breathe smoke-free air shall take priority over the desire to smoke and create
health hazards for smokers and nonsmokers alike;
NOW THEREFORE, be it ORDAINED by the Princeton Regional
Health Commission:
1. Smoking shall be prohibited at all times within Princeton
Borough and Township in the following places:
(1) All enclosed public places as defined
by Sections 2 (e) and 2 (g);
(2) All restaurants, bars, cabarets
and taverns;
(3) All workplaces, as defined by
Section 2(1), and;
(4) All restrooms, lobbies,
reception areas, hallways, elevators, service lines and any other common-use areas
in enclosed public and workplaces.
2. Definitions
(a) "Bar" shall mean an
area within a premise where alcoholic beverages are kept, prepared and/or
served by a bartender.
(b) "Cabaret" shall mean a
place where entertainment is performed, and whose principal purpose is to
provide entertainment and/ or dancing in conjunction with the service of food
and/or beverages.
(c) "Employees" shall mean
any person who is employed by any employer, as that term is defined by the
Internal Revenue Service, any independent contractor and any volunteer for a
non-profit entity.
(d) "Employer" shall mean
any person, entity or organization, including municipal corporations or
non-profit entities, which employs the services of at least one individual.
(e) "Enclosed Area" shall
mean all space, extending from the floor to the ceiling, which is enclosed on
all sides by solid walls or windows (exclusive of doors or passage ways),
including all space therein screened by partitions or dividers which do not
extend to the ceiling or are not solid, office-type structures.
(f) "Health Officer" shall
mean the Health Officer of the Princeton Regional Health Department.
(g) "Public Place" shall
mean any enclosed area to which the public is invited or in which the public is
permitted, except a private residence and a "workplace" as defined
herein.
(h) "Restaurant" shall
mean a retail food establishment whose principal business is the sale, service
and/ or preparation of food for consumption on or off the premises, including
but not limited to coffee shops, cafeterias, sandwich stands, private and
public cafeterias and any other eating establishments, which give or offer food
to the public, guest or employees.
(i) "Retail Tobacco Store"
shall mean a store utilized primarily for the sale of tobacco products and
accessories, and which the sale of other products is merely incidental.
(j) "Smoking" shall mean
inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe and
other such devices that contain tobacco and/ or other smoke producing products.
(k) "Tavern" shall mean a
retail establishment or separately enclosed section thereof in which the
principal business is the sale of alcoholic beverages for consumption on the
premises of such establishment.
(l) "Workplace" shall mean
any enclosed area under the control of a public or private employer which
employees use during the course of employment, including, but not limited to,
work areas, employee lounges and restrooms, conference and classrooms, and
hallways. A private residence is not a place of employment unless it is used as
a childcare, adult day care or health facility.
3. Workplaces
(a) All employers within Princeton
Borough and Princeton Township shall provide a smoke free workplace for all
employees, independent contractors, volunteers and the public.
(b) Smoking shall be prohibited in
all enclosed facilities within the workplace at all times, except as to
self-employed persons with no employee, volunteer or member of the public,
including independent contractors other than the self-employed person is
present, and provided that lingering smoke does not adversely affect those
other than the self-employed person.
(c) Sections 3(a) and 3(b) apply to,
but are not limited to, all common work areas, private offices and work areas, meeting
rooms, conference rooms, auditoriums, classrooms, hallways, elevators, stairs,
cafeterias, employee lounges, rest rooms, medical facilities and all other
enclosed areas.
4. Reasonable Distance Smoking may occur at a reasonable
distance outside an enclosed area where smoking in prohibited. A reasonable
distance shall be any distance from which tobacco smoke does not enter the air
people breathe through entrances, exits, windows, ventilation systems or any
other means.
5. Exemptions
(a) Persons having control of a
hotel, motel or other lodging establishment may permit smoking in rooms for
lodging, provided that all such rooms have separate ventilation systems.
(b) Nothing in this ordinance shall be
construed to apply to a retail tobacco store. Retail or other tobacco stores
may not become part of another entity where smoking is prohibited under this
ordinance.
6. Signs
(a) A "No Smoking" sign
shall be clearly, sufficiently and conspicuously posted at every entrance to
every public place and workplace where smoking is prohibited by this ordinance.
The signs(s) shall be posted by the owner, operator, manager, or other person
having control of such building or area or their representative.
(b) The signs(s) shall have the
words "No Smoking" in lettering that is not less than seven (7)
inches by three and one half (3 1/2) inches, and shall contain the
international no smoking sign or symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a circle with a bar
diagonally through the cigarette.) The sign shall also include the sufficiently
legible wording "In accordance with Princeton Regional Health Commission
Ordinance 2000-01".
7. Enforcement
The Health Officer, or designee, shall be the enforcement
agent for purposes of enforcement of this ordinance.
8. Penalties
(a) It shall be unlawful for the
owner, operator, manager or other person who controls any premises subject to
this ordinance or their representative to allow or permit any person to smoke
in any portion of such premises.
(b) It shall be unlawful to smoke
where smoking is prohibited.
(c) Any person violating any
provision of this ordinance shall, upon conviction thereof, pay a penalty. Said
penalty shall include a fine of not less than $100 nor more than $1,000 for
each offense, unless otherwise provided by law.
(d) Complaint shall be made by the
Princeton Regional Health Officer, or designee, in the municipal courts of
Princeton Borough or Princeton Township or before such other judicial officer
having jurisdiction.
9. Other Provisions
(a) No provision of this ordinance
shall be construed or interpreted to allow smoking where it is otherwise
restricted by other laws.
(b) Notwithstanding any other
provision of this ordinance, any owner, operator, manager, or other person who
controls any establishment or facility may declare that establishment or
facility as a smoke free establishment.
10. Severability
If any provisions of this ordinance shall be held invalid,
such invalidity shall pertain only to that specific provision or application,
and shall not affect the other provisions and applications of this ordinance,
which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are declared severable.
11. Effective Date
This ordinance shall take effect thirty (30) days from and
after the date of its adoption.
FIRST READING: May 16, 2000
FIRST PUBLICATION: May 23, 2000
SECOND READING: June 1, 2000
FINAL PUBLICATION: