ORDINANCE 2007-05
AN ORDINANCE OF THE BOROUGH OF ISLAND HEIGHTS, COUNTY
OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING
CHAPTERS IV (POLICE REGULATIONS) OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF
ISLAND HEIGHTS TO PROHIBIT SMOKING ON CERTAIN
BOROUGH PROPERTIES
WHEREAS, the Borough of Island Heights is a municipal entity organized
pursuant to the laws of the State of New Jersey; and
WHEREAS, the Mayor and Council of the Borough of Island Heights have
concluded that the protection of the general welfare of the Borough and its residents are
of extreme importance and concern;
WHEREAS, the Mayor and Council of the Borough of Island Heights hereby
declare that smoking of cigarette and other tobacco products, and the second-hand smoke
which is generated by such smoking, is harmful to the health of its residents and guest,
particularly children; and
WHEREAS, the Mayor and Council of the Borough of Island Heights have
determined that the discouragement of children from smoking, and to protect them and all
residents and guests of the Borough of Island Heights from the potentially harmful effects
of second-hand smoke are of extreme and vital importance to the Borough of Island
Heights; and
WHEREAS, the potential for fire started and caused by the burning of cigarettes
and other tobacco products exists at certain Borough properties, which is of grave
concern to the Mayor and Council of the Borough of Island Heights as same poses a
substantial danger of loss or death from a fire caused by the burning of the mulch or other
natural landscaping items at the Borough property; and
WHEREAS, the Mayor and Council of the Borough of Island Heights have
determined that it is in the best interest of the Borough of Island Heights to ban and
prohibit smoking of cigarettes and other tobacco products from certain Borough property;
and
WHEREAS, the Mayor and Council of the Borough of Island Heights have
concluded that certain portions of the Borough Code must be amended in order to ensure
that the best interests and general welfare of the residents and guests of the Borough of
Island Heights are served; and
WHEREAS, the Mayor and Council of the Borough of Island Heights declare
this Ordinance necessary in the general interest of the public and has for its purpose the
protection of the people and their property and rights; and
WHEREAS, the Mayor and Council of the Borough of Island Heights further
declare that this Ordinance is intended to promote the general public safety and welfare
and is enacted under the applicable laws of the State of New Jersey, together with the
general police powers either specifically granted to municipalities or reserved to the
people by constitutional mandate or otherwise; and
WHEREAS, the Mayor and Council of the Borough of Island Heights has
determined that the enactment of this Ordinance will further protect the safety, health,
and general welfare of the residents and guests of the Borough of Island Heights.
NOW, THEREFORE, BE IT ORDAINED the Mayor and Council of the
Borough of Island Heights as follows:
SECTION I. Chapter IV, Section 4-14 of the Borough Code is amended and
supplemented to read as follows:
4-14.1 Prohibited Conduct: It shall be unlawful and a violation of this Code
section for any person or person to:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
(Unchanged)
Smoking of cigarettes or other tobacco products is prohibited from
the following outdoor locations:
1. Summit Avenue Bathing Beach;
2. Betty Scammell Memorial Park (which included the ball field,
the playground, the skating rink, the basketball court, the tennis
courts and the soccer field); and
3. The Wes Wilber Park (located next to the police station).
SECTION II. Any portion or portions of the Borough Code not affected by this
Ordinance remain(s) unchanged and in full effect.
SECTION III. Any portion(s) of the Borough Code inconsistent herewith is
(are) repealed.
SECTION IV. This Ordinance shall be part of the Borough of Island Heights
Municipal Code as though codified and fully set forth therein. The Borough Clerk shall
have this Ordinance codified and incorporated in the official copies of the Island Heights
Municipal Code.
SECTION V. This Ordinance shall be in full force and effect from and after its
adoption and any publication as may be required by law.
NOTICE OF PENDING ORDINANCE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was duly
introduced and passed upon first reading at a Regular Meeting of the governing
body of the Borough Council of the Borough of Island Heights held on April 24,
2007. FURTHER NOTICE is hereby given that said Ordinance will be
considered for final adoption at the Island Heights Municipal Building, located at
One Wanamaker Municipal Complex, Island Heights, New Jersey, on May 10,
2007, at 7:00 PM, during which hearing Public Comment on said Ordinance
shall be heard and considered.
________________________________
Ellie Rogalski, RMC/CMC