[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 9-3-1996 by Ord. No. 1104. Amendments noted where applicable.]
Drugs and drug paraphernalia — See Ch. 149.
[Amended 1-3-2000 by Ord. No. 1202; 3-6-2006 by Ord. No. 1397]
It shall be unlawful to sell tobacco to a person under 19 years of age.
Sign requirements. A sign not less than six inches by eight inches shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products, containing the following language:
Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 19 years of age may be prosecuted in accordance with state and local ordinances.
It shall be unlawful for any person under 19 years of age to smoke or use a tobacco product in any public place or to possess in open view a cigarette or tobacco product, an open cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product.
The Drug-Free School Zone Map, adopted by the Borough of Collingswood, is hereby amended to include cigarette-free school zone, whereby it shall be unlawful for anyone to sell, give or permit to be sold, or given, to a person under 19 years of age, tobacco in any form within the areas on or within 1,000 feet of such school property.
It shall be also unlawful for a person under 19 years of age to smoke or use a tobacco product, or possess in open view a cigarette or tobacco product, an open cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product in and/or on school property, as referenced in the Cigarette-Free/Drug-Free School Zone Map.
It shall be unlawful for a parent, legal guardian or other persons acting in place of a parent or legal guardian or person, who is responsible for the care and welfare of a person under the age of 19 years, to allow that person to possess any cigarettes made of tobacco, or of any other substances, which can be smoked, or any cigarette paper or tobacco in any form, including but not limited to smokeless tobacco.
[Amended 3-6-2006 by Ord. No. 1397]
It shall be unlawful for a tobacco retailer to sell, or permit to be sold, tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 19 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 19 years.
All tobacco vending machines and self-service displays made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- HEALTH DEPARTMENT
- The Camden County Health Department, and may be referred to herein in this chapter as the "Department."
- HEALTH OFFICER
- The Administrative Officer of the Camden County Health Department.
- LAW ENFORCEMENT OFFICER
- Any member of the Borough of Collingswood Police Department.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- SELF-SERVICE DISPLAYS
- Any racks, stands, or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.
- Any product 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 PRODUCT
- Any product made from the tobacco plant or containing tobacco leaf
for the purpose of smoking, chewing, inhaling or other personal use, including,
but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff
and dipping tobacco.[Added 1-3-2000 by Ord. No. 1202]
- TOBACCO RETAILER
- Any person or entity that operates a store, stand, booth, concession or place at which sales of tobacco are made to purchasers for consumption or use; also, a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarette or other tobacco products.
Whenever the Health Officer or his/her designee or an enforcement officer reasonably believes that there exists a violation of this chapter, such officer or designee may issue a summons and complaint not later than 60 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article and section of this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
The Health Officer, designee or law enforcement officer charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, designee or law enforcement officer, who may request the assistance of the Borough of Collingswood Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter.
If any chapter, section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this chapter.
This chapter shall be liberally construed for the health, safety, and welfare of the people of the Borough of Collingswood.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.
[Amended 1-3-2000 by Ord. No. 1202; 3-6-2006 by Ord. No. 1397]
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than $100 nor more than $500 for each offense. Complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
Each sale of tobacco to a person under 19 years of age shall constitute a separate violation. Each day that a tobacco vending machine or self-service tobacco display remains on any premises or tobacco is sold without the required sign shall constitute a separate and distinct offense.
The Camden County Health Department may suspend the retail food establishment license of any person convicted of violation of this chapter, for a period of not more than three days, pursuant to the authority of the Health Department to license and regulate food establishments, as provided by N.J.S.A. 26:3-31(c).
Unless otherwise provided by law, a person under 19 years of age charged under § 281-1D and F, as a first offense with the use or purchase of a tobacco product, shall be served with a written warning, which shall inform the person of subsequent penalties. If that person is a minor, a copy of said warning shall be sent to the minor's parents.
Repeat minor offenders, who are found guilty of violating this chapter, shall, in addition to the penalties provided for in this Code, be subject to a period of community service in accordance with the policies and procedures of juvenile administration by the Camden County Juvenile Court and the Borough of Collingswood Police Department.
The Municipal Police Department, or any citizen, may enforce this chapter by filing a complaint in the Municipal Court, provided that no citizen may file a complaint prior to 120 days after the date that this chapter takes effect.