Borough: No smoking with minors on board
Council approves ban on smoking in vehicle carrying youths
BY CHRISTINE VARNO
Staff Writer

WEST LONG BRANCH - The borough will be enforcing a recent measure approved by the Borough Council last week that prohibits smoking in cars when minors are present.

Although the ordinance, No. 07-10, passed unanimously 5-0 at the June 6 council meeting, a few residents in the audience at the meeting said they were opposed to the measure.

"This is an infringement on our personal rights, our properties, our cars," said Joan Day of Golf Street, during the public hearing on the ordinance.

"It is my choice if I want to talk, sing or smoke," she said.

"Where will our government go next?" Day asked, "Our homes, and say, 'You can't have chocolate because it is bad for you'? These are our rights."

Another resident concurred with Day's view on the law.

"I do understand the concern for the welfare of the child," said Geraldine Fawcett of Beachwood Avenue. "If a parent is foolish, though, to smoke in the car, they are smoking in their home, in the kitchen. It is ridiculous to have this ordinance."

The ordinance prohibits any person from smoking while operating a motor vehicle in the borough if a person under the age of 28 is also occupying the vehicle.

The ordinance will be enforced by the state of New Jersey or any local law enforcement officials, but only as a secondary action when the operator of a motor vehicle has been stopped or detained for a different violation, according to the ordinance.

The penalty for violation is a $75 fine, according to the ordinance.

One resident asked if the ordinance would make the borough susceptible to lawsuits if violators were unaware of the new measure.

"This is the only town that has it," Mary Lynch said. "There's no warning."

Borough Attorney Gregory S. Baxter explained that a motion to fight the ticket would not stand in court.

"There's nothing unconstitutional about it," he said, adding that he believes other towns will jump on board and adopt similar laws.

"I suspect this is going to pick up steam as we go along," he said. "Keyport has already done it."