This chapter shall be known as the "Ordinance
to Regulate Cigarette Vending Machines."
The Board of Health of the Borough of Wanaque
finds and declares as follows:
A. The Surgeon General of the United States has called
for a ban on the sale of cigarettes by vending machines.
B. The State of New Jersey has banned the sale or furnishing
of cigarettes or tobacco in any form to minors pursuant to N.J.S.A.
2A:170-51.
C. The Borough of Wanaque Board of Health is authorized
to enact ordinances not contrary to the laws of this state or of the
United States, as it may deem necessary and proper, for the protection
of persons, for the preservation of public health, safety and welfare
of the residents of the Borough of Wanaque and in particular to minors.
D. Cigarette vending machines allow and permit the indiscriminate
sale of cigarettes to minors.
E. The selling, giving or furnishing of tobacco products
to persons under eighteen (18) years of age is prohibited in New Jersey
by N.J.S.A. 2A:170-51.
F. There is a need to adopt an ordinance to safeguard
the public health by prohibiting sale of tobacco to minors and by
restricting the availability of tobacco vending machines so as to
prohibit access by minors.
All cigarette vending machines are prohibited
in the Borough of Wanaque, except those cigarette vending machines
which shall be controlled by a lockout device which will activate
the vending machine for no longer than thirty (30) seconds and allow
only one (1) sale per activation.
All tobacco vending machines shall conform to
the terms of this chapter effective January 1, 1996.
Any law enforcement officer, the Wanaque Borough
Health Officer or his designee or any other person charged with enforcement
of ordinances and laws within the Borough of Wanaque may inspect any
premises wherein a vending machine is located to ensure compliance
with the terms and provisions of this chapter. No person shall interfere
with any such person charged with the enforcement of this chapter
during the performance of his or her duties.
Any person owning, operating or permitting the
use of a cigarette vending machine, except as provided for herein,
on premises under his or her control shall be subject to a fine of
two hundred fifty dollars ($250.) each day in which the machine is
owned, operated, rented or permitted on such premises and shall be
subject to such other ordinances or statutes, including but not limited
to the provisions of N.J.S.A. 2A:170-51.