Town of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Clinton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-28-1999 by Ord. No. 99-9]

§ 128-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Town of Clinton Board of Health and may be referred to in this chapter as the "Board of Health," "Department," or "Board."
HEALTH OFFICER
The Hunterdon County Board of Health.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
RETAIL ESTABLISHMENT
Any place or business that sells to the public at retail.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff  and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that opens a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use. It shall also mean a person or entity that owns, operates and uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated or self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.

§ 128-2 Prohibition of tobacco sales to minors.

It shall be unlawful to sell or furnish cigarettes made of tobacco or any other matter or substance which can be smoked or tobacco in any form to a person under 18 years of age.

§ 128-3 Identification required.

It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater.

§ 128-4 Sign requirements.

The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18
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 18 years of age may be prosecuted in
accordance with state and local ordinances.

§ 128-5 Prohibition of tobacco vending machines.

Tobacco vending machine sales and self-service displays. It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Town of Clinton.

§ 128-6 Removal of tobacco vending machines.

All tobacco vending machines and self-service displays made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.

§ 128-7 Enforcement.

A. 
Whenever the Health Officer or  member of the Police Department of the Town of Clinton reasonably believes there exists a violation of this article, a summons and complaint may be issued not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including references to the section and subsection of this article alleged to have been violated, or shall be served as permitted by law.
B. 
The Health Officer or any police officer of the Town of Clinton, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary in accordance with law.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, who may request the assistance of the Police Department of the Town of Clinton, or other police agency or peace officer when necessary to execute his official duty in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.

§ 128-8 Construal of provisions.

This article shall be liberally construed for the protection of the health, safety and welfare of the people of the Town of Clinton.

§ 128-9 Violations and penalties.

A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction, be liable for the penalty stated in Chapter 1, § 1-15. Complaint shall be made in the North Hunterdon Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco to a minor shall constitute a separate violation.
C. 
The Board of Health may suspend the retail food establishment license of any person convicted of a violation of this article, for a period of not more than 10 days, pursuant to the authority of the Health Commission to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).
D. 
Upon the recommendation of the Town of Clinton, following a hearing by the Town of Clinton, the Division of Taxation may suspend or after a second or subsequent violation, revoke the license issued under § 202 of P.L. 1948, c.65 (N.J.S.A. c.54.40A-4) of a tobacco retailer. Any tobacco retailer shall be subject to administrative charges based on a schedule issued by the Director of the Division of Taxation which may provide for a fine in lieu of the suspension.

§ 128-10 Severability.

If the provision, clause or application of this article is held invalid, the remainder of the article or any other application of it shall not be affected thereby, and shall remain in full force and effect.

§ 128-11 When effective.

This article shall take effect upon passage and publication in accordance with law.
[Adopted 9-9-2008 by Ord. No. 08-15]

§ 128-12 Smoking by minors in public prohibited.

No person under the age of 18 shall use cigarettes or other tobacco products within or upon any public place or area in the Town of Clinton.

§ 128-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
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 any other property owned by the Town, any mall or shopping center, and any school property. Public place or area shall not include the interior of an automobile unless it is parked.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other person use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

§ 128-14 Posting of notice.

The Public Works/Business Administrator or his designee is authorized to post adequate notice of the juvenile smoking prohibition in conspicuous places near the entrances to the Town of Clinton.

§ 128-15 Violations and penalties.

Any person violating or failing to comply with any provision of this article shall, upon conviction thereof for a first offense, be punished by a fine of not more than $50, or by community service of not more than two days; for a second offense within the same calendar year, by a fine of not more than $100, or by community service of not more than five days; for a third offense within the same calendar year, by a fine of not less than $200, or by community service of not less than 10 days, or any combination of fine, imprisonment or community service as determined in the discretion of the Court.