2C:33-13. Smoking in Public.
a. Any person who smokes or carries lighted tobacco in or upon any
bus or other public conveyance, except group charter buses, specially
marked railroad smoking cars, limousines or livery services, and, when
the driver is the only person in the vehicle, autocabs, is a petty
disorderly person. For the purposes of this section, bus includes school
buses and other vehicles owned or contracted for by the governing body,
board or individual of a nonpublic school, a public or private college,
university, or professional training school, or a board of education of
a school district, that are used to transport students to and from
school and school-related activities; and the prohibition on smoking or
carrying lighted tobacco shall apply even if students are not present in
the vehicle.
b. Any person who smokes or carries lighted tobacco in any public place,
including but not limited to places of public accommodation, where such
smoking is prohibited by municipal ordinance under authority of
R.S.40:48-1 and 40:48-2 or by the owner or person responsible for the
operation of the public place, and when adequate notice of such
prohibition has been conspicuously posted, is guilty of a petty
disorderly persons offense. Notwithstanding the provisions of 2C:43-3,
the maximum fine which can be imposed for violation of this section is
$200.
c. The provisions of this section shall supersede any other statute and any rule or regulation adopted pursuant to law.
Amended 1979, c.178, s.66A; 1985, c.187; 2003, c.233.
