POLICY Cape May Special Services
Board of Education
Section: Property
7434. SMOKING ON SCHOOL GROUNDS (M)
Date Created: January, 2007
Date Edited: January, 2007

7434- SMOKING ON SCHOOL GROUNDS (M)

M

Adopted: April 20, 2010

The Board of Education believes that the right of persons to smoke must be balanced against the right of nonsmokers to breath air untainted by tobacco smoke.

For purposes of this policy, “smoking” means the burning of, inhaling the smoke from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked. Chewing tobacco is also specifically prohibited by this policy.

For the purposes of this policy, “school grounds” means and includes land, portions of land, structures, buildings, and vehicles owned, operated or used for the provision of academic or extracurricular programs sponsored by the district or community provider and structures that support these buildings, including, but not limited to administrative buildings, kitchens, maintenance shops, and garages. “School grounds” also includes other facilities as defined in N.J.A.C. 6A:26-1.2, playgrounds, and other recreational places owned by the local municipalities, private entities or other individuals during those times when the school district has exclusive use of a portion of such land.

In accordance with law, the Board prohibits smoking at all times anywhere on school grounds.

Notwithstanding any provision of this policy, smoking by pupils is governed by Policy No. 5533.

A sign indicating smoking is prohibited on school grounds as defined above will be posted at each public entrance in accordance with law. The sign shall also indicate violators are subject to a fine. Pupils and district employees who violate the provisions of this policy shall be subject to appropriate disciplinary measures and may be subject to fines in accordance with law.

The Principal or designee may order the departure and removal of any person who continues to smoke in violation of this policy or law after being ordered to stop smoking on school grounds and may request the assistance of law enforcement to accomplish this departure and removal.

In the event the person is found to have violated this policy and the law, the Principal or designee may file a complaint with the appropriate Municipal Court or other agency with jurisdiction as defined in N.J.A.C. 8:6-9.1(c).

The Board of Education will comply with any provisions of a municipal ordinance which provides restrictions on or prohibitions against smoking equivalent to, or greater than, those provided in J.J.S.A. 26:3D-55 through N.J.S.A. 26:3D-63.

N.J.S.A. 26:3D-55 through 26:3D
N.J.A.C. 6A:16-1.3