S3307

An Act concerning penalties for smoking cannabis or marijuana on public beaches and amending P.L.2005, c.383.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 8 of P.L.2005, c.383 (C.26:3D-62) is amended to read as follows:

8. a. The person having control of an indoor public place or workplace shall order any person smoking in violation of this act to comply with the provisions of this act. [A person,] Except as provided in subsection f. of this section, a person, after being so ordered, who smokes in violation of this act is subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. A penalty shall be recovered in accordance with the provisions of subsections c. and d. of this section.

b. The Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, upon written complaint or having reason to suspect that an indoor public place or workplace covered by the provisions of this act is or may be in violation of the provisions of this act, shall, by written notification, advise the person having control of the place accordingly, and order appropriate action to be taken. A person receiving that notice who fails or refuses to comply with the order is subject to a fine of not less than $250 for the first offense, $500 for the second offense, and $1,000 for each subsequent offense. In addition to the penalty provided herein, the court may order immediate compliance with the provisions of this act.

c. A penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

d. The Superior Court or a municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this act if the violation has occurred within the territorial jurisdiction of the court, except that the Superior Court shall have exclusive jurisdiction over violations that occur in an indoor public place or public park or beach that may be issued against a State or local government entity pursuant to subsection b. of this section. The proceedings shall be summary and in accordance with the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons and shall issue only at the suit of the Commissioner of Health, or the local board of health, as the case may be, as plaintiff.

e. The penalties provided in subsections a. and b. of this section shall be the only civil remedy for a violation of this act, and there shall be no private right of action against a party for failure to comply with the provisions of this act.

f. A penalty may be imposed and recovered for a violation at a public park or beach and, if so imposed and recovered, it shall be done in accordance with the provisions of this section, and shall involve the person having control of a public park or beach, the Department of Health or the local board of health or the board, body, or officers exercising the functions of the local board of health according to law, and the courts, as provided in this section, except that:

(1) a person who smokes a cannabis item or marijuana at a public beach in violation of this section is subject to a fine of not less than $500 for the first offense, $1,000 for the second offense, and $1,500 for each subsequent offense, to be recovered in accordance with the provisions of subsections c. and d. of this section; and

(2) any penalty recovered for a violation at a public park or beach that is recovered by and in the name of the Commissioner of Health or by and in the name of the local board of health shall be paid 50 percent to the Treasury of the State and be dedicated to smoking cessation programs administered by the State Department of Health, and 50 percent shall be paid to the treasury of the municipality where the violation occurred.

(cf: P.L.2018, c.64, s.6)

2. This act shall take effect immediately.

STATEMENT

The New Jersey Smoke Free Air Act prohibits the smoking of cannabis and marijuana, as well as cigarettes, on a public beach. Penalties for smoking in violation of this act are $250 for the first offense, $500 for the second offense, and $1,000 for subsequent offenses.

This bill increases the penalties for smoking cannabis or marijuana on a public beach to $500 for the first offense, $1,000 for the second offense, and $1,500 for the third and subsequent offenses. The penalties for smoking cigarettes on a public beach would remain unchanged.

Beach towns in New Jersey have experienced difficulty in enforcing the Smoke Free Air Act in light of the legalization of recreational cannabis and the decriminalization of recreational marijuana in New Jersey. It is the sponsor’s view that these increased penalties will help deter the smoking of cannabis and marijuana on public beaches in this State.