N.J. Stat. § 26:3D-55. Short title; New Jersey Smoke-Free Air Act
Effective: 4/15/06 – Through: 6/1/23
This act shall be known and may be cited as the “New Jersey Smoke-Free Air Act .”
N.J. Stat. § 26:3D-58. Prohibitions on smoking; designated places
Effective: 7/19/20 – Through: 6/1/23
a. Smoking is prohibited at the following locations: an indoor public place, a workplace, a public park or beach, and the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated by a federal or military authority, except as otherwise provided in this act.
b. 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.
N.J. Stat. § 26:3D-56. Legislative findings and declarations; smoking in enclosed indoor places of public access, workplaces, and public parks and beaches
Effective: 1/16/19 – Through: 6/1/23
2. The Legislature finds and declares that:
a. Tobacco is the leading cause of preventable disease and death in the State and the nation;
b. Tobacco smoke constitutes a substantial health hazard to the nonsmoking majority of the public;
c. Electronic smoking devices have not been approved as to safety and efficacy by the federal Food and Drug Administration, and their use may pose a health risk to persons exposed to their smoke or vapor because of a known irritant contained therein and other substances that may, upon evaluation by that agency, be identified as potentially toxic to those inhaling the smoke or vapor;
d. The separation of smoking and nonsmoking areas in indoor public places and workplaces does not eliminate the hazard to nonsmokers if these areas share a common ventilation system;
e. The prohibition of smoking at public parks and beaches would better preserve and maintain the natural assets of this State by reducing litter and increasing fire safety in those areas, while lessening exposure to secondhand tobacco smoke and providing for a more pleasant park or beach experience for the public; and
f. Therefore, subject to certain specified exceptions, it is clearly in the public interest to prohibit the smoking of tobacco products and the use of electronic smoking devices in all enclosed indoor places of public access and workplaces and at all public parks and beaches.
N.J. Stat. § 26:3D-63. Supersedure over other laws and ordinances
Effective: 1/16/19 – Through: 6/1/23
The provisions of this act shall supersede any other statute, municipal ordinance and rule or regulation adopted pursuant to law concerning smoking in an indoor public place or workplace or at a public park or beach, except where smoking is prohibited by municipal ordinance under authority of R.S.40:48-1 or 40:48-2, or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire or protecting public health, and except for those provisions of a municipal ordinance which provide restrictions on or prohibitions against smoking equivalent to, or greater than, those provided under this act.
N.J. Stat. § 26:3D-57. Definitions
Effective: 1/16/19 – Through: 6/1/23
As used in this act:
“Bar” means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and serving of alcoholic beverages for consumption by the public, guests, patrons or members on the premises and in which the serving of food, if served at all, is only incidental to the sale or consumption of such beverages.
“Cigar bar” means any bar, or area within a bar, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar bar that is in an area within a bar shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the bar so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
“Cigar lounge” means any establishment, or area within an establishment, designated specifically for the smoking of tobacco products, purchased on the premises or elsewhere; except that a cigar lounge that is in an area within an establishment shall be an area enclosed by solid walls or windows, a ceiling and a solid door and equipped with a ventilation system which is separately exhausted from the nonsmoking areas of the establishment so that air from the smoking area is not recirculated to the nonsmoking areas and smoke is not backstreamed into the nonsmoking areas.
“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.
“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, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492 (C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
“Person having control of an indoor public place or workplace” means the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased.
“Person having control of a public park or beach” means the person having supervisory authority over a public park or beach or that person’s designee, as applicable.
“Public park or beach” means a State park or forest, a county or municipal park, or a State, county, or municipal beach, but does not include any parking lot that is adjacent to, but outside of, the public park or beach.
“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.
“State park or forest” means any State owned or leased land, water or facility administered by the Department of Environmental Protection, including, but not limited to, a park, forest, recreational area, marina, historic site, burial site, or natural area, but not including a wildlife management area or reservoir land.
“Tobacco retail establishment” means an establishment in which at least 51% of retail business is the sale of tobacco products and accessories, and in which the sale of other products is merely incidental.
“Workplace” means a structurally enclosed location or portion thereof at which a person performs any type of service or labor.
N.J. Stat. § 26:3D-59. Areas and businesses exempt from smoking restrictions
Effective: 12/17/18 – Through: 6/1/23
The provisions of this act shall not apply to:
a. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines, and is registered with the local board of health in the municipality in which the bar or lounge is located. The registration shall remain in effect for one year and shall be renewable only if: (1) in the preceding calendar year, the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors, and (2) the cigar bar or cigar lounge has not expanded its size or changed its location since December 31, 2004;
b. any tobacco retail establishment, or any area the tobacco retail establishment provides for the purposes of smoking;
c. any tobacco business when the testing of a cigar or pipe tobacco by heating, burning or smoking is a necessary and integral part of the process of making, manufacturing, importing, or distributing cigars or pipe tobacco;
d. private homes, private residences and private automobiles;
e. the area within the perimeter of:
(1) any casino as defined in section 6 of P.L.1977, c.110 (C.5:12-6) approved by the Casino Control Commission that contains at least 150 stand-alone slot machines, 10 table games, or some combination thereof approved by the commission, which machines and games are available to the public for wagering; and
(2) any casino simulcasting facility approved by the Casino Control Commission pursuant to section 4 of P.L.1992, c.19 (C.5:12-194) that contains a simulcast counter and dedicated seating for at least 50 simulcast patrons or a simulcast operation and at least 10 table games, which simulcast facilities and games are available to the public for wagering;
f. research laboratories and other facilities that have been approved by the Department of Health to permit smoking for the purpose of medical research related to the health effects of smoking, in an indoor facility that is separately ventilated for the purpose of medical or scientific research that is conducted under physician supervision and has been approved by an Investigational Review Board (IRB), if the facility is used solely and exclusively for clinical research activities;
g. a golf course;
h. an area of a municipal or county beach, not to exceed 15 percent of the total area of the beach, which is designated by the municipality or county by ordinance or resolution as a smoking area; and
i. any cigar bar or lounge previously registered with the local board of health pursuant to subsection a. of this section that has, in accordance with the requirements of this subsection, renewed that registration following a period of lapse. A cigar bar or cigar lounge registration which has lapsed may be renewed under this subsection if: (1) no more than 10 years have elapsed since the date the registration lapsed; (2) in the calendar year immediately preceding the lapse, the cigar bar or lounge generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of on-site humidors; and (3) the cigar bar or lounge has not expanded its size or changed its location since December 31, 2004. A registration renewed pursuant to this subsection shall remain in effect for one year, and shall be renewable thereafter only if it meets the requirements for renewal as set forth in this subsection or subsection a. of this section.
New Jersey Admin. Code § 8:6–2.1 Indoor public places and workplaces subject to the Act unless exemption applies; more stringent provisions authorized
Effective: 5/21/07 – Through: 6/1/23
(a) Pursuant to N.J.S.A. 26:3D-58, an indoor public place or a workplace is subject to the Act and this chapter, except as provided in the Act, particularly at N.J.S.A. 26:3D-59, and this chapter.
(b) An establishment is an indoor public place if it is structurally enclosed and generally accessible to the public.
(c) This chapter shall not be construed to limit the ability of an owner or operator of an establishment from establishing restrictions on or prohibitions against smoking at the establishment that are greater than those provided in the Act and this chapter.
New Jersey Admin. Code § 8:6–2.2 Smoking in indoor public place or workplace; time irrelevant
Effective: 5/21/07 – Through: 6/1/23
(a) The time of entry into an establishment by workers or members of the public is irrelevant to the issue of whether the establishment is generally accessible to the public and/or a workplace.
1. For example, the fact that janitorial personnel may enter a structurally enclosed establishment during times other than those times when smoking would occur in the establishment does not matter; the establishment would be a workplace and/or an indoor public place at which smoking is prohibited.
(b) The fact that an establishment is not always structurally enclosed is irrelevant to the issue of whether smoking is prohibited at the establishment if the establishment is occasionally or seasonally an indoor public place and/or a workplace.
1. For example, the fact that smoking would occur in an establishment that is generally accessible to the public in the summer when screens would be in place in openings that would qualify the establishment as “not structurally enclosed,” and that smoking would not occur in winter when storm windows are in place is irrelevant; if the openings are not permanently open, the area is an indoor public place and/or a workplace at which smoking is prohibited at all times.
New Jersey Admin. Code § 8:6–1.2 Definitions
Effective: 1/3/22 – Through: 6/1/23
(a) The following words and terms are defined in the Act at N.J.S.A. 26:3D-55 et seq., particularly 26:3D-57 and 59, and are used in this chapter as defined in the Act:
“Bar”;
“Casino”;
“Casino simulcasting facility”;
“Cigar bar”;
“Cigar lounge”;
“Electronic smoking device”;
“Indoor public place”;
“Person having control of an indoor public place”;
“Smoking”;
“Tobacco retail establishment”; and
“Workplace”.
(b) As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
“Backstream” means recirculate, as that term is defined in the mechanical subcode of the New Jersey State Uniform Construction Code at N.J.A.C. 5:23-3.20.
“Commission” means the New Jersey Casino Control Commission as that term is defined at N.J.S.A. 5:12-14.
“Comprehensive Tobacco Control Program” means the program by that name established in the Community Health Services Division of the Integrated Health Services Branch of the Department, for which the contact information is: Comprehensive Tobacco Control Program, Community Health Services Division, Integrated Health Services Branch, New Jersey Department of Health, PO Box 364, Trenton, NJ 08625–0364.
“Department” means the Department of Health and Senior Services.
“Establishment” means a place of business, commerce or other service-related activity, whether public or privately-owned or operated on a for-profit or nonprofit basis.
“Exterior area” means an area that is not structurally enclosed.
1. Potential examples of exterior areas, depending upon whether an area is structurally enclosed, can include balconies, courtyards, decks, gazebos, parking lots, patios, porches, sidewalks, terraces, or yards.
“Generally accessible to the public,” when used to describe an establishment, means:
1. Persons other than persons having control of an establishment are permitted or required to enter the establishment, for any purpose, regardless of whether the entry is occasional or routine; or
2. Persons other than persons having control of the establishment perform a service or labor at the establishment, regardless of whether the service or labor is performed for profit or remuneration or on a non-profit or volunteer basis, and regardless of whether the service or labor is performed occasionally or routinely.
“Hookah” means an instrument or pipe, having one or more flexible tubes, used to vaporize or smoke tobacco, flavored dried fruit, or any other substance in which the vapor or smoke is passed through a liquid or water basin before inhalation.
1. As the Smoke-Free Air Act defines smoking to include the burning of, inhaling from or exhaling the smoke from any other matter or substance that contains tobacco or any other matter that can be smoked, smoking by means of a hookah is included in the definition of “smoking” under the Smoke-Free Air Act.
“Incidental” means minor and occasional.
1. The sale of food or beverages for on-site consumption is a not an incidental sale of other products.
“Local board of health” shall have the meaning provided at N.J.A.C. 8:52–2.1.
“Local health agency” shall have the meaning provided at N.J.A.C. 8:52–2.1.
1. A searchable database and downloadable list of local health agencies, the municipalities over which they have jurisdiction, and their contact information is available at https://www.nj.gov/health/lh.
2. Contact information for local health agencies is available in the government listings section (blue pages) of most telephone directories.
3. The Department shall provide contact information for local health agencies upon request made by telephone to (609) 292–4993 or in writing to the Office of Local Public Health, PO Box 360, Trenton, NJ 08625–0360.
“New Jersey design professional” means:
1. A person licensed in New Jersey as a registered architect pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:3–1 et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:27; or
2. A person licensed in New Jersey as a professional engineer pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:8–27 et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:40.
“New Jersey-licensed certified public accountant” means a person licensed in New Jersey as a certified public accountant pursuant to Title 45 of the New Jersey Statutes, particularly N.J.S.A. 45:2B–-42 et seq., and the rules promulgated pursuant thereto at N.J.A.C. 13:29.
“Not structurally enclosed” means:
1. There are openings on the perimeter walls that are, in width, at least 50 percent of the width of the perimeter of the structure; and
2. The area of the openings totals at least 50 percent of the total area of the perimeter walls.
“Opening” means a door, a window, a louver, a skylight, a food or beverage pass-through, or any aperture that allows the exchange of air between a building interior and the outside atmosphere.
1. An opening remains an “opening” when screening is in place, such as at a screened-in porch, but not if or when the screening is replaced by a material that obstructs airflow such as a storm window, glass, wood, awning material, tent material, or plastic or polyethylene sheeting such as Visqueen(R).
2. An exterior wall or portion thereof consisting of glass, wood, awning material, tent material, or plastic or polyethylene sheeting such as Visqueen is not an “opening.”
“Person having control of an establishment” means the owner or operator of the establishment.
“School” means public and private elementary and secondary schools.
“Tobacco product” shall have the meaning provided in the Tobacco Products Wholesale Sales and Use Tax Act, N.J.S.A. 54:40B–1 et seq., particularly N.J.S.A. 54:40B–2.
New Jersey Admin. Code § 8:6–2.3 Exterior area of indoor public place or a workplace
Effective: 5/1/07 – Through: 6/1/23
(a) Subject to (b) below, smoking is prohibited at an exterior area if smoking in the exterior area results in migration, seepage, or recirculation of smoke to an indoor public place or a workplace at which smoking is prohibited.
(b) Subsection (a) above shall not apply to a designated outdoor smoking area established by the administrator of a correctional facility in accordance with N.J.A.C. 10A:14-2.6, provided that this exception shall not apply to smoking areas established for the exclusive use of persons other than inmates.
New Jersey Admin. Code § 8:6–5.3 Designation of smoking and non-smoking areas
Effective: 5/1/07 – Through: 6/1/23
(a) Casino licensees shall place signage indicating that smoking is permitted at each entrance to an area at which smoking is permitted from an area at which smoking is not permitted.
(b) Casino licensees shall place signage indicating that smoking is not permitted at each entrance to an area at which smoking is not permitted from an area at which smoking is permitted.
(c) The signage a casino licensee uses to implement this section shall meet the technical requirements provided at N.J.S.A. 26:3D-61.
New Jersey Admin. Code § 8:6–5.1 Area within the perimeter of a casino or a casino simulcasting facility
Effective: 5/1/07 – Through: 6/1/23
(a) Establishments that are completely surrounded by a casino that meets the requirements of N.J.S.A. 26:3D-59e(1) are within the perimeter of a casino for the purpose of the exemption the Act affords casinos pursuant to N.J.S.A. 26:3D-59e.
1. The perimeter of a casino is the casino boundary delineation on the floor plan a casino licensee files with the Commission as part of its operation certificate pursuant to N.J.A.C. 19:43-7.3(b)1, subject to Commission approval.
2. For an establishment to be “completely surrounded” by a casino, a casino shall exist on all sides of, that is, in a 360-degree radius around, the establishment, provided the casino meets the requirements of N.J.S.A. 26:3D-59e(1).
(b) Establishments that are completely surrounded by a casino simulcasting facility that meets the requirements of N.J.S.A. 26:3D-59e(2) are within the perimeter of a casino simulcasting facility for the purpose of the exemption the Act affords casino simulcasting facilities pursuant to N.J.S.A. 26:3D-59e.
1. The perimeter of a casino simulcasting facility is the casino simulcasting facility boundary delineation on the floor plan a casino licensee files with the Commission as part of its operation certificate pursuant to N.J.A.C. 19:43-7.3(b)1, subject to Commission approval.
2. For an establishment to be “completely surrounded” by a casino simulcasting facility, a casino simulcasting facility shall exist on all sides of, that is, in a 360-degree radius around, the establishment, provided the casino simulcasting facility meets the requirements of N.J.S.A. 26:3D-59e(2).
City of Newark, NJ, Code § 14:6-4. CONSUMPTION IN PUBLIC PLACES.
Effective: 8/19/21 – Through: 6/1/23
No person of any age shall consume, smoke, vape, or aerosolize any cannabis item in a public place, public park, school premises, or City-owned property.
New Jersey Admin. Code § 8:6–8.1 Certain residences not exempt
Effective: 5/1/07 – Through: 6/1/23
(a) A faculty or administrator residence on school grounds is a private residence at which smoking is permitted for the purpose of the exemption the Act affords private residences pursuant to N.J.S.A. 26:3D-59d, unless the residence is:
1. Used in whole or in part as a workplace of the school by persons other than those who reside there (for example, a place at which school personnel are required to perform secretarial, security, maintenance, or housekeeping work);
2. Generally accessible to the public;
3. Used by students (for example, for tutoring, counseling, or extracurricular purposes); or
4. Located within a student dormitory.
(b) This section is not to be construed to prevent the owner or operator of a residence on school grounds from prohibiting smoking in the residence, in accordance with N.J.S.A. 26:3D-63.
City of Newark, NJ, Code § 20:2-23. SMOKING IN PROHIBITED PLACES; PENALTY.
Effective: 6/15/16 – Through: 6/1/23
a. Definitions.
1. MUNICIPAL BUILDINGS — Shall include all structures owned, leased, rented and/or operated by the City of Newark, and/or occupied by City employees and used for official business of the City of Newark.
2. CITY AGENCY — Shall mean any City department or division, board or commission, statutory agency or any other municipality created entity, which is under the control and or supervision of the City of Newark.
3. CITY VEHICLE — Shall include all vehicles owned, leased, rented and/or operated by the City of Newark and/or occupied by City employees and used for official business of the City of Newark and vehicles operated by contract on behalf of the City of Newark.
4. SMOKING — Shall mean 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 a hookah or an electronic smoking device or e-cigarettes consistent with N.J.S.A. 26:3D-57(3).
5. INDOOR PUBLIC PLACE — Shall mean 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, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a County or municipal government; public and nonpublic elementary or secondary school building; Board of Education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L. 1983, c.492 (N.J.S.A. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment, apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling pursuant to N.J.S.A. 26:3D-57(3).
6. WORKPLACE — Shall mean a structurally enclosed location or portion thereof at which a person performs any type of service or labor pursuant to N.J.S.A. 26:3D-57(3).
7. PERSON HAVING CONTROL OF AN INDOOR PUBLIC PLACE OR WORKPLACE — Shall mean the owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased pursuant to N.J.S.A. 26:3D-57(3).
8. ENCLOSED AREA — Shall mean all areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
9. PARKS AND RECREATIONAL FACILITIES — Shall include all public parks, playgrounds, ball fields, swimming pools, senior centers, community centers, publicly owned or leased by the City of Newark and all property owned or leased by the City of Newark upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to any parking areas, driveways or drive aisles.
10. SECONDHAND SMOKE (ALSO CALLED ENVIRONMENTAL TOBACCO SMOKE, INVOLUNTARY SMOKE, AND PASSIVE SMOKE)— Is the smoke given off by a burning tobacco product and the smoke exhaled by a smoker.
11. HOOKAH (ALSO KNOWN AS SHISHA, ARGILEH, NARGILE, HUBBLE-BUBBLE, WATER PIPE, HOOKAH, GOZA, MEASELL AND SHEESHA) — Is an Arabic water-pipe in which fruit-scented tobacco is burned using coal and becomes smoke, then passes through an ornate water vessel and is inhaled through a hose.
12. 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.
b. Prohibitions. Smoking shall be prohibited at all times in all places within the City of Newark, in accordance with the following:
1. In or upon any part of any bus used in the transportation of passengers upon the streets within the boundaries of Newark;
2. In any polling place during the hours of a primary, general, municipal or special election is being conducted thereon;
3. In or upon any private or public elevator;
4. In any room, chamber, place of meeting or public assembly while a public meeting which has been convened under the auspices of the City of Newark, and to which the public is invited, solicited or legally entitled to attend, is in progress;
5. In any City of Newark municipal office and or building which is open to the general public;
6. In any library, indoor theater, museum, lecture or concert hall, indoor gymnasium or recreational facility owned or operated by the City of Newark;
7. All outdoor areas within 50 linear feet from any and all entrances and exits of any and all enclosed indoor areas where smoking is prohibited, to ensure that tobacco smoke does not enter the smoke-free indoor areas through entrances, windows, ventilation systems, or any other means;
8. Smoking shall be prohibited in any vehicle owned, leased, rented and/or operated by employees of the City of Newark or operated by contract on behalf of the City of Newark:
9. All employers within the City of Newark shall provide a smoke-free workplace for all employees. Smoking shall be prohibited in all enclosed facilities within the workplace at all times without exception. This includes, but is 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;
10. Smoking is hereby prohibited in all indoor public places or workplaces within the City of Newark, subject to the limited exceptions of said State Statute N.J.S.A. 26:3D-55 et seq;
11. In all municipal buildings as defined herein;
12. Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Newark and all property including lead-safe houses owned or leased by the City of Newark upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking areas, driveways or drive aisles, which have been designated with no smoking signs.
c. Notification. The owner of any building in which there is an elevator, or the owner of any bus shall cause to be posted a notice in red lettering with a white background informing the public in English and in Spanish that smoking in that elevator or bus is prohibited and a violation of City Ordinance.
d. Signage and Posting. All areas designated in paragraph b, 4 through 9 of this section as non-smoking areas shall be clearly identified by signs. All municipal buildings or City agencies affected by this section shall be identified by signs posted by the Department, Division or Office thereof with letters at least one inch in height stating “Smoking Prohibited” or designated by the appropriate “Smoking Prohibited” internationally recognized symbol, (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
e. Violations; Fines, Penalties; Enforcement.
1. Any municipal official or employee who smokes in a municipal building or City agency in violation of the provisions of this section shall be subject to disciplinary action pursuant to the appropriate State Statutes, Merit System Regulations, Municipal Code, Ordinance or other relevant regulatory guidelines.
2. The person having control of an indoor public place or workplace shall order any person smoking in violation of this section to comply with the provisions thereof. A person, after being so ordered, who smokes in violation of this section shall be guilty of an ordinance violation and subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. A penalty shall be recovered in accordance with the provisions of paragraphs (e),4 and 5 of this section.
3. The local Board of Health or the board, body or officers exercising the functions of the local Board of Health according to law, upon written complaint or having reason to suspect that an indoor public place or workplace covered by the provisions of this section is or may be in violation of the provisions thereof, shall, by written notification, advise the person having control of the place accordingly and order appropriate action to be taken. A person receiving that notice that fails or refuses to comply with the section shall be (guilty of an ordinance violation and subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. In addition to the penalty provided herein, the Court may order immediate compliance with the provisions of the section.
4. Any penalty proscribed under the provisions of this act shall be recovered by and in the name of the local Board of Health. The penalty recovered shall be paid into the general treasury of the City of Newark.
5. The Municipal Court of the City of Newark shall have jurisdiction over the proceedings to enforce and collect any penalty imposed for violations of this section if said violations have occurred within the territorial jurisdiction of the Court. The proceedings shall be summary and in accordance with the “Penalty Enforcement Law of 1999,” P.L. 199, c.274 (N.J.S.A. 2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall be issued by the local Board of Health, as the case may be, as plaintiff.
6. Any person who violates paragraph b, 4 through 9 of this section upon refusal to stop, may be denied governmental services being performed in that location, provided that a notice of refusal of service is included on the signs posted in conformance with paragraph d above. Additionally, any person who violates paragraph b, 4 through 9 of this section, upon conviction thereof, shall be punished by a fine as provided in paragraph e, 2 and 3.
f. Non-retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant seeks a smoke-free environment as afforded by this section.
g. Power to Adopt More Comprehensive Smoke-Free Policies. Notwithstanding any other provision of this section, the City of Newark reserves the right to adopt policies relating to smoking which are more comprehensive than those provided herein.
h. Other Applicable Laws. No provision of this section shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws.
i. Public Education. The Director of the Department of Health and Community Wellness shall engage in a continuing program to inform and educate the public regarding the health consequences of smoking, including the adverse health consequences of people’s exposure to secondhand smoke, shall clarify the purpose of this section to citizens affected, and guide owners, operators and managers in compliance. Smoke free signs and educational flyers detailing connections between secondhand smoke and asthma will be part of the education regarding this policy and its benefits. Enforcement fines cannot be levied until this program has been implemented for two months.
j. Enforcement. The enforcement authorities of this chapter shall be the City of Newark’s Division of Police, Division of Fire, Department of Public Works, Division of Public Buildings and Department of Health and Community Wellness.