[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]
As used in this article, the following terms
shall have the meanings indicated:
The Town of Clinton Board of Health and may be referred to
in this chapter as the "Board of Health," "Department," or "Board."
The Hunterdon County Board of Health.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any place or business that sells to the public at retail.
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.
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.
Any automated or self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed and operated.
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.
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.
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:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 18
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IS PROHIBITED BY LAW. Legal proof of age must
be shown.
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A person who sells or offers to sell a tobacco
product
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to a person under 18 years of age may be prosecuted
in
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accordance with state and local ordinances.
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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.
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.
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.
This article shall be liberally construed for
the protection of the health, safety and welfare of the people of
the Town of Clinton.
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.
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.
This article shall take effect upon passage
and publication in accordance with law.
[Adopted 9-9-2008 by Ord. No. 08-15]
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
