ORDINANCE NO. 2006-07

AN ORDINANCE AMENDING CHAPTER 3 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF HARVEY CEDARS, 1975, ENTITLED “POLICE REGULATIONS”

BE IT ORDAINED BY THE BOARD OF THE COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS as follows:

Section 1.         Section 3-14 entitled “Smoking Prohibited in the Municipal Building” is hereby renamed “Smoking Prohibited”.

Section 2.        Section 3-14.1 “Findings”, paragraph 2 is hereby amended to read as follows:

It is not the policy of the board of commissioners of the Borough of Harvey Cedars to deny anyone the right to smoke.  However, the board of commissioners finds that in the areas affected by this section, the right of the nonsmoker to breathe clean air should supersede the right of the smoker to smoke.

Section 3.        Section 3-14.2 “Definitions” is hereby amended to read as follows:

“Bay beach” shall mean the bathing area located at the west end of West 75^th Street and Barnegat Bay, which includes the fenced swimming area, the sandy beach area and the pavilion.

“Borough offices” shall mean all Borough owned buildings and interior spaces that are open to the general public, including, but not limited to, the post office, police department and the office of the Superintendent of Public Works.

“Municipal building” shall mean the entire building commonly known and designated as the Reynold Thomas Borough Hall located at 7606 Long Beach Blvd., Harvey Cedars, New Jersey.

“Playground” shall mean the designated area for children’s recreation located in Sunset Park, West Salem Ave.

“Smoking” shall mean the burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco. 

Section 4.         Section 3-14.3 “Prohibition: Penalty” is hereby renamed to “Restricted Areas” and is amended to read as follows:

The carrying or smoking of lighted tobacco products is prohibited in the following areas:

a. The municipal building and borough offices.

b. The bay beach.

c. The playground.

Section 5.         Section 3-14.4 “Enforcement and Penalty” is hereby added follows:

Enforcement shall be through police or citizen complaint.  Anyone violating this section shall be subject to the issuance of a summons returnable in the Municipal Court of the Borough of Harvey Cedars, and subject to a fine not to exceed twenty-five ($25.00) dollars. 

Section 6.         If any provision, section, subsection, or paragraph of this ordinance shall be declared to be unconstitutional, invalid, or inoperative, in whole or in part, by a Court of competent jurisdiction, such provision, section, subsection, or paragraph shall to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining provisions, subsections, or paragraphs of this Ordinance.

Section 7.         This Ordinance shall take effect upon final adoption after publication in accordance with law.

EFFECTIVE DATE:  May 15, 2006