1. a. A person who smokes or carries lighted tobacco in any public place, including, but not limited to, places of public accommodation, where that activity 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 the prohibition on smoking or carrying lighted tobacco has been conspicuously posted, may be subject to a civil penalty of up to $200, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection.
b. The governing body of a municipality may adopt a municipal ordinance to impose a civil penalty, as provided for under subsection a. of this section, as an alternative to the liability for the offense provided for under N.J.S.2C:33-13.