Under current New Jersey law if a municipal police officer gives someone a ticket for smoking a cigarette in a smoke-free area, the individual is charged with a disorderly persons offense. That person gets a fine, in extreme cases a jail sentence — and a criminal record.

That could soon change.

The state Senate has passed legislation that gives towns greater flexibility when dealing with anti-smoking laws.

“The bill really just gives municipalities the discretion to cite individuals for smoking in a public place under a non-criminal statute,” said State Senator Bob Gordon (D-Bergen).

He said that many towns, “including the town of Fair Lawn, which I represent, (have) been reluctant to give someone a criminal record, although they very much would like to enforce the anti smoking laws. Under this bill, the laws can still be enforced, people can still be punished, they still can get a $200 fine, but they won’t have a crime on their record.”

He added, “This increases the flexibility for the municipalities to enforce anti-smoking laws. The fine stays the same, and what we’re hoping will happen is actually there will be greater enforcement.”

Gordon said that there are "there are legitimate health issues (and) there are legitimate issues about protecting the rights of the non-smoker. We’re trying to achieve some balance.”

The bill, passed by a vote of 38 to 1, permits a municipality to adopt an ordinance establishing a civil penalty of up to $200 for smoking in a public place where it is prohibited by the municipality or the owner or person responsible for the operation of a public place.

The measure will now be considered by the state Assembly.

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