[HISTORY: Adopted by the Mayor and Council of the Borough
of Bergenfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-21-2015 by Ord. No. 15-2479]
A.Â
No person shall sell tobacco in the Borough of Bergenfield unless
an employee of the establishment controls the sale of such products.
A person may only sell tobacco in a direct, face-to-face exchange
between the retailer and the consumer. Self-service displays and vending
machines of tobacco shall be prohibited.
B.Â
No person shall sell, distribute or give tobacco to any person under
the age of 21 unless on active duty with the military.
C.Â
Tobacco retailers shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where tobacco
is displayed and at all checkout counters notifying customers that
proof of age is required to purchase tobacco.
D.Â
Any person selling tobacco shall verify by means of government-issued
photographic identification containing the bearer's date of birth
that no person purchasing the tobacco is younger than 21 years of
age. No such verification is required for any person over the age
of 21. No clerk shall sell tobacco to a person less than 21 years
of age who has a note or any form of communication from any person,
including an adult, unless on active duty with the military.
E.Â
No person or tobacco retailer selling tobacco shall allow an employee
to sell or distribute such products until the employee has read the
Borough of Bergenfield's ordinances and state laws pertaining to the
sale or distribution of tobacco and has signed a statement that the
employee has read such ordinances and state laws. Such form statement
will be supplied by the Borough, and a signed original statement shall
be filed with the Health Department, and a copy shall be kept on file
by the tobacco retailer and made available for review by the Health
Department.
As used in this article, the following terms shall have the
meanings indicated:
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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, cigarettes in any form, electronic
smoking devices, including nicotine cartridges and containers and
all other vapor products.
[Amended 11-7-2019 by Ord. No. 19-2558]
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco 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.
Any automated self-service device which, upon insertion of
money, tokens or 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.
A.Â
The enforcement authority for this article shall be the Bergenfield
Health Officer or his/her designee.
B.Â
The Health Officer may, after giving proper identification, inspect
any matter, thing, premises, place, person, record, vehicle, incident
or event as necessary to execute his or her official duties in a manner
prescribed by law.
C.Â
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer in his enforcement
of this article, and the Health Officer may request the assistance
of the Bergenfield Police Department or other police agency or peace
officer when necessary to execute his or her official duties in a
manner prescribed by law.
D.Â
Citizens may bring complaints against violators of this article.
A.Â
A person who violates the provisions of this article, including any
employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A.
54:40A-1 et seq.), who actually sells or otherwise provides tobacco
products to a person under 21 years of age, shall be liable to a civil
penalty of not less than $250 for the first violation, not less than
$500 for the second violation, and not less than $1,000 for the third
and each subsequent violation. Complaint shall be made in the municipal
court of Bergenfield or before such other judicial officer having
authority under the laws of the State of New Jersey.
B.Â
Each sale of tobacco to any person under the age of 21 shall constitute
a separate violation.
C.Â
In addition to the penalties set forth in Subsection A above, the Bergenfield Board of Health may suspend the retail food establishment license of any person convicted of violation of this article, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
[Adopted 8-17-2021 by Ord. No. 21-2584]
As used in this article, the following words shall have the
following meanings:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
All structures owned, leased, rented and/or operated by the
Borough of Bergenfield, and/or occupied by Borough employees and used
for official business of the Borough of Bergenfield.
All public parks, playgrounds and ball fields publicly owned
or leased by the Borough of Bergenfield and all property owned or
leased by the Borough of Bergenfield upon which the public is invited
or upon which the public is permitted and where individuals gather
for recreational activities.
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.
A.Â
Smoking shall be prohibited in all municipal buildings as defined
herein. No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each municipal
building entrance and within each closed area where smoking is prohibited
by this article. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
B.Â
Smoking shall be prohibited within a twenty-foot radius of the front
entrance of all municipal buildings. No-smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted both on the building and at the twenty-foot perimeter of the
front entrance of all municipal buildings where smoking is prohibited
by this article. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrast in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
C.Â
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the Borough of Bergenfield and all property owned
or leased by the Borough of Bergenfield upon which the public is invited
or upon which the public is permitted and where individuals gather
for recreational activities. No-smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted in all areas regulated by this article. The signs shall be
clearly visible to the public and shall contain letters or a symbol
which contrasts in color with the sign, indicating that smoking is
prohibited at the designated area. The sign shall also indicate that
violators are subject to a fine.
D.Â
Smoking shall be prohibited in any vehicle registered to the Borough
of Bergenfield.
The enforcement authority of this article shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the Borough of Bergenfield.
Any person who violates any provision of this article shall
be subject to a fine of not less than $100 for the first offense,
$250 for the second offense and $500 for each subsequent offense.
Any municipal employee found in violation of this article may also
be subject to discipline in accordance with the provisions of the
Borough of Bergenfield's policies and procedures.
