[HISTORY: Adopted by the Township Council
of the Township of Stafford 4-23-1996 by Ord. No. 96-34. Amendments
noted where applicable.]
A.Â
Extensive medical and scientific evidence reveals
and the Surgeon General of the United States has determined that the
use of tobacco is harmful to a person's health, such that it can lead
to severe medical conditions. The American Cancer Society has cited
that approximately 90% of today's regular smokers started before reaching
adulthood. Statistics, such as this, have led the FDA to classify
nicotine addiction as a pediatric disease.
B.Â
Therefore, the Township finds it necessary to limit
the accessibility of cigarettes and other tobacco products to minors
and to regulate the means by which tobacco products are sold in order
to protect the health, safety and welfare of its residents.
As used in this chapter, the following terms
shall have the meanings indicated:
The administrative officer of the Township and/or his or
her authorized representative.
[Amended 3-4-2003 by Ord. No. 2003-31]
Any member of the Stafford Township Police Department.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
A display or display shelves designed for the customer to
serve himself/herself without the aid of a sales clerk and where the
customer is required to pay the cashier upon leaving.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use, including cigars,
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
Any person or entity that operates a store, stand, booth,
concession or place at which sales of tobacco are made to purchasers
for consumption or use, and shall mean a person or entity that owns
or operates a vending machine.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
[Amended 10-21-2008 by Ord. No. 2008-105]
A.Â
Pursuant to the provisions of N.J.S.A. 2A:170-51.1,
it shall be unlawful for any person to sell, give a permit to be sold,
give and/or furnish to an individual under the age of 19 tobacco in
any form.
B.Â
A sign, not less than six inches by eight inches shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products containing the following
language:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 19 IS PROHIBITED BY LAW. Legal proof of age must be shown.
A person who sells or offers to sell a tobacco product to a person
under 19 years of age may be prosecuted in accordance with state and
local ordinances.
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[Amended 10-21-2008 by Ord. No. 2008-105]
It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without requesting
and examining identification from the purchaser, positively establishing
the purchaser's age as 19 years or greater, unless the seller has
some other conclusive basis for determining the purchaser is over
the age of 19 years of age.
[Amended 7-2-2002 by Ord. No. 2002-46]
Sale of tobacco products through vending machines
shall be prohibited.
Self-service displays of tobacco products, from
which individual packages or individual cigarettes may be selected
by the customer, are prohibited.
The Township Health Officer and/or his or her
designee, and/or a Township law enforcement officer, shall be responsible
for the enforcement of this chapter.
A.Â
Any person who directly or indirectly, acting as agent
or otherwise, sells, gives or furnishes to a minor under the age of
19 years any cigarettes made of tobacco or of any other matter or
substance which can be smoked, or any cigarette paper or tobacco in
any form, including smokeless tobacco, shall be punished by a fine
of $250 in accordance with N.J.S.A. 2A:170-51.1.
[Amended 10-21-2008 by Ord. No. 2008-105]
B.Â
Whenever the Health Officer, his or her designee,
Code Enforcement Officer or a law enforcement officer reasonably believes
there exists a violation of this chapter, such individual may, by
written notification not later than 60 days after discovery of the
alleged violation, advise the tobacco retailer of the nature of the
violation and that any subsequent failure or refusal to comply with
this chapter shall be subject to the penalties set forth in this chapter.
C.Â
The Health Officer, his or her designee, Code Enforcement
Officer or a law enforcement officer, after giving proper identification,
may inspect any matter, thing, premises or place as may be necessary
for the proper enforcement of the provisions of this chapter.
D.Â
It shall be unlawful for any person to oppose or otherwise
obstruct a Health Officer or his or her designee or the Code Enforcement
Officer. Such individual may request the assistance of a law enforcement
officer when necessary to execute his or her official duty in a manner
prescribed by law.
E.Â
Except as provided in Subsection A above, any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,250, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 10-21-2008 by Ord. No. 2008-105]
F.Â
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.