New Jersey Administrative Code
Title 8 - HEALTH
Chapter 6 - SMOKE-FREE AIR
Subchapter 9 - ENFORCEMENT
Section 8:6-9.1 - Enforcement against individuals

Universal Citation: NJ Admin Code 8:6-9.1

Current through Register Vol. 56, No. 24, December 18, 2024

(a) A person having control of an indoor public place or workplace shall order a person smoking in violation of the Act and this chapter (person smoking illegally) to comply with the Act and this chapter, and may elect to provide the person smoking illegally with a copy of the notice provided at chapter Appendix H, incorporated herein by reference.

(b) If, after having been ordered to comply with the Act and this chapter in accordance with (a) above, a person smoking illegally continues to violate the Act and this chapter, the person having control of the indoor public place or workplace:

1. Shall order the departure and removal from the indoor public place or workplace of the person smoking illegally; and

2. In the discretion of the person having control of the indoor public place or workplace, may request the assistance of law enforcement or peace officers with jurisdiction over the indoor public place or workplace to accomplish this departure and removal.

(c) A person may file a complaint against a person smoking illegally in accordance with N.J.S.A. 26:3D-62 by:

1. Contacting the local health agency with jurisdiction over the indoor public place or workplace and by adhering to complaint procedures each local health agency shall establish;

2. Filing a complaint directly with the municipal court with jurisdiction over the establishment, or

3. Filing the form of complaint at chapter Appendix I, incorporated herein by reference, with the Comprehensive Tobacco Control Program.

(d) This section shall not be construed to impair the ability of law enforcement or peace officers with jurisdiction to charge a person under any other applicable law, including N.J.S.A. 2C:33-13.

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