Ordinance No. 19-24

Introduced:
Public Hearing:
Status: Pending

An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending and Supplementing Chapter 413 of the Municipal Code of the Township of Vernon Entitled “Parks and Recreation Areas” to Prohibit Use of Electronic Smoking Devices in Township Parks

Note: Strikeouts are deletions. Underlines are added material.

WHEREAS, recent reports have been issued concerning the dangers of vaping and the use of other electronic smoking devices; and

WHEREAS, smoking tobacco in the Township of Vernon’s (“Township”) public parks is presently prohibited; and

WHEREAS, a determination has been that it is the best interests of the Township and the health of its residents and visitors to further prohibit use of electronic smoking devices in Township’s Parks.

NOW, THEREFORE, BE IT ORDAINED by the by the Township Council of the Township of Vernon as follows:

SECTION 1. Section 413-2 of the Municipal Code of the Township of Vernon is hereby amended and supplemented as follows:

§ 413-2. Definitions.

For the purpose of this chapter, the following words shall be used as herein defined:

DEPARTMENT OF RECREATION AND COMMUNITY DEVELOPMENT

Duly appointed personnel of the Township, including the Recreation Director and his/her designated staff members.

ELECTRONIC SMOKING DEVICE

Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-hookah, e-cigarillo, vape pen, or under any other produce name or descriptor.

MOTOR VEHICLE

All on-road and off-road vehicles, including but not limited to cars, trucks, vans, motorcycles, minibikes, mopeds, go-carts, dune buggies, and dirt bikes, and any other similar motorized vehicles of the type normally used on land for recreation, entertainment, or pleasure.

PARK/RECREATION AREA

Any property owned or leased by the Township of Vernon which is used for open space and recreation purposes and which is open to the public either without charge or on a fee basis. The term includes, but is not limited to, playgrounds, parks, ball fields, athletic fields located at the public schools, swimming areas, beaches, natural education facilities, and any paths, roadways, sidewalks, and parking areas therein or adjacent thereto.

SECTION 2. Section 413-4 (K) of the Municipal Code of the Township of Vernon is hereby amended and supplemented as follows:

§ 413-4. Rules and Regulations

K. Fires, smoking, firewood or fireworks.

  1. No person shall build or attempt to build a fire except in designated areas or by permit.
  2. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper, or other flammable material within any park or on any highway, road, or street abutting or contiguous thereto. Smoking and the use of all tobacco products and electronic smoking devices by any person on park and recreation property of the Township is strictly prohibited.
  3. No person shall leave a picnic area before the fire is completely extinguished.

SECTION 3. Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 4. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 5. This Ordinance shall take effect immediately upon final passage, approval, and publication by law.

Note: Strikeouts are deletions. Underlines are added material.