Bill Text: NJ A4319 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits smoking at State parks, forests, beaches, and wildlife management areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-27 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4319 Detail]
Download: New_Jersey-2012-A4319-Introduced.html
Sponsored by:
Assemblyman CHRISTOPHER J. BROWN
District 8 (Atlantic, Burlington and Camden)
SYNOPSIS
Prohibits smoking at State parks, forests, beaches, and wildlife management areas.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting smoking at State parks, forests, beaches, and wildlife management areas and supplementing P.L.1983, c.324 (C.13:1L-1 et seq.) and Title 23 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Smoking is prohibited at all State parks and forests and State-owned beaches, except the Department of Environmental Protection may allow smoking at designated parking lots.
b. The Department of Environmental Protection shall post signs at the entrance of all State parks and forests and State-owned beaches stating that the park, forest, or beach is smoke-free. The signs shall be located so as to be clearly visible to the public and shall contain letters at least one inch in height and the international symbol for "No Smoking" indicating that smoking is prohibited therein. Each sign shall also indicate that violators are subject to a fine.
c. The department shall create and maintain an Internet website with information about smoke-free parks, forests, and beaches in the State.
d. A person who smokes or carries lighted tobacco while at any State park or forest or State-owned beach shall be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense and not less than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal courts shall have jurisdiction to hear and determine violations of subsection a. of this section. The provisions of N.J.S.2C:33-13 and section 23 of P.L.1983, c.324 (C.13:1L-23) shall not apply to a violation of this section.
2. a. Smoking is prohibited at all State wildlife management areas, except the Department of Environmental Protection may allow smoking at designated parking lots.
b. The Department of Environmental Protection shall post signs at the entrance of all State wildlife management areas stating that the wildlife management area is smoke-free. The signs shall be located so as to be clearly visible to the public and shall contain letters at least one inch in height and the international symbol for "No Smoking" indicating that smoking is prohibited therein. Each sign shall also indicate that violators are subject to a fine.
c. The department shall create and maintain an Internet website with information about smoke-free State wildlife management areas.
d. A person who smokes or carries lighted tobacco while at any State wildlife management area shall be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense and not less than $1,000 for each subsequent offense, to be recovered pursuant to the provisions of chapter 10 of Title 23 of the Revised Statutes. The provisions of N.J.S.2C:33-13 shall not apply to a violation of this section.
3. This act shall take effect on the 90th day after the date of enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would prohibit smoking at State parks and forests, State-owned beaches, and State wildlife management areas, except the Department of Environmental Protection (DEP) may allow smoking at designated parking lots.
The bill requires the DEP to post signs at the entrance of all State parks and forests, State-owned beaches, and State wildlife management areas stating that the park, forest, beach, or wildlife management area is smoke-free. The signs would be located so as to be clearly visible to the public and must contain letters at least one inch in height and the international symbol for "No Smoking" indicating that smoking is prohibited therein. Each sign would indicate that violators are subject to a fine.
A person who smokes or carries lighted tobacco while at any State park or forest, State-owned beach, or State wildlife management area would be subject to a fine of not less than $250 for the first offense, not less than $500 for the second offense and not less than $1,000 for each subsequent offense.
The DEP would also create and maintain an Internet website with information about smoke-free parks, forests, and beaches in the State and smoke-free State wildlife management areas.
Under current law, State parks and forests are defined to mean all State owned or leased lands, waters and facilities administered by the DEP, and includes, but is not limited to, parks, forests, recreational areas, marinas, historic sites, burial sites, and natural areas.
