[Adopted 11-2-2015 by Ord. No. 1784]
As used in this article, the following terms shall have the
meanings indicated:
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
All structures owned, leased, rented, and/or operated by
the Township of Wyckoff, and/or occupied by Township employees and
used for official business of the Township of Wyckoff.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including, but
not limited to, any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds, and ball fields publicly owned
or leased by the Township of Wyckoff and all property owned or leased
by the Township of Wyckoff upon which the public is invited or upon
which the public is permitted and where individuals gather for recreational
activities, including all areas adjacent to such facilities, including,
but not limited to, any parking area, driveway, or drive aisle.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe, or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
TOBACCO
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.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates, or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
TOBACCO VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The enforcement authority of this article shall be the Police
Department and Health Department of the Township of Wyckoff.
Any person who violates any provision of this article shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense, and $1,000 for each subsequent offense.