Freehold Township, NJ Public Conduct: Outdoor Smoking Restrictions (2026)

Chapter 387, Article I, adopted by the Board of Health in 2015 under Ord. No. BH-15-02, prohibits smoking in 'municipal parks and recreational facilities,' defined broadly to include all public parks, playgrounds and ball fields the Township owns or leases, plus any other Township-owned or leased property where the public gathers for recreation, and the areas adjacent to those facilities including parking areas, driveways and lanes. 'Smoking' is defined to reach beyond traditional tobacco products: it covers burning, inhaling or exhaling smoke or possessing a lit cigar, cigarette or pipe, along with inhaling or exhaling smoke or vapor from any electronic smoking device, so e-cigarettes and vape pens fall under the same ban.

The Township must conspicuously post 'No Smoking' signs or the international no-smoking symbol in every regulated area, referencing the applicable Code section and warning that violators are subject to fine; it is not a defense that the accused did not see the posted sign. Removing or defacing a no-smoking sign is itself a separate violation, unless done by a Township employee performing official duties. Enforcement is spread across five different Township offices: the Police Department, the Health Officer, the Fire Official, the Code Enforcement Officer, and Recreation Department staff or commissioners, any of whom may act on a violation. A. 40:48-2, is protecting public health, safety and welfare, and the ordinance sits alongside Chapter 107's separate regulation of cigarette vending machines.