EDIT Thanks to Nate's advice, I think I have to reverse my opinion. For detail, see Nate's comment below.
It seems that you can NOT file your complaint to The Department of Health and Senior Services or the local board of health or the board pursuant to NEW Jersey Smoke-Free Air Act. What I found below applies to Indoor Public Space, and smoking in tenant's premise, although outdoor and can affect third party, this Act doesn't seem to be applicable.
According to New Jersey Smoke-Free Air Act:
C.26:3D-58 Smoking prohibited in indoor public place, workplace.
- a. Smoking is prohibited in an indoor public place or workplace, except as otherwise provided in this act.
b. Smoking is
prohibited in any area of any building of, or on the grounds of, any
public or nonpublic elementary or secondary school, regardless of
whether the area is an indoor public place or is outdoors.
"Indoor public place" means a structurally enclosed place of business,
commerce or other service-related activity, whether publicly or
privately owned or operated on a for-profit or nonprofit basis, which
is generally accessible to the public, including, but not limited to:
a commercial or other office building;
ambulatory recreational facility; shopping
mall or retail store; hotel, motel or other lodging establishment;
apartment building lobby or other public area in an otherwise private
building; or a passenger elevator in a building other than a
As for the punishment:
C.26:3D-62 Violations; fines, penalties; enforcement.
- a. The person having control of an indoor public place or workplace shall order any person smoking in violation of this act to
comply with the provisions of this act. A person, after being so
ordered, who smokes in violation of this act is subject to a fine of
not less than $250 for the first offense, $500 for the second
offense and $1,000 for each subsequent offense. ... The penalties
provided in subsections a. and b. of this section shall be the only
civil remedy for a violation of this act, and there shall be no
private right of action against a party for failure to comply with
the provisions of this act.
P.S. I am NOT attorney. This post is NOT legal advice.