[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarette vending machines — See Ch. 265.
School regulations — See Ch. 563.
Smoking — See Ch. 605.
[Adopted 8-7-2001 by Ord. No. 2694 (Ch. 221, Art. I, of the 1978 Code)]
As used in this article, the following terms shall have the meanings indicated:
MINOR
Any person under the age of 18 years.
PUBLIC PLACE OR AREA
Any place or area to which the public is invited or upon which the public is permitted, including but not limited to any sidewalk, street or any other right-of-way, park, playground and other property owned by the Township, any shopping center and any school property.
TOBACCO PRODUCT
Any product made from the tobacco plant made for the purpose of smoking or chewing, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
No minor shall purchase or use tobacco products within or upon any public place or area within the Township of Nutley.
Any minor who purchases or within or upon any public place or area uses cigarettes or other tobacco products shall be subject to the following noncriminal penalties:
A. 
For a first offender, issuance of a written warning by the police officer which explains the risk of tobacco use and the purposes for which the Township has adopted this article and parental notification by the police officer.
B. 
For repeat offenders 16 years of age or older, participate in community service projects as determined by the Juvenile Aid Bureau in the amount of 25 hours for the second offense and up to 50 hours for any subsequent offenses and participate in an educational program determined by the Juvenile Aid Bureau concerning the dangers of smoking and tobacco use.
C. 
For repeat offenders under the age of 16 years, participate in community service projects as determined by the Juvenile Aid Bureau in the amount of up to 15 hours for the second offense and up to 30 hours for any subsequent offenses and participate in an educational program determined by the Juvenile Aid Bureau concerning the dangers of smoking and tobacco use.