[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tobacco sales — See Ch. 363.
[Adopted 6-9-1998 by Ord.
No. 98-9]
As used in this article, the following terms shall have the meanings
indicated:
Any building or enclosed structure open to the public and any street,
road, sidewalk, walkway, park or open space located within the Borough and
which is open to the public.
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.
A.
It shall be unlawful for any person under the age of
18 years to smoke or use a tobacco product in or on any public place or nonpublic
place or to possess in open view an opened pack, opened carton, or other opened
container holding a tobacco product in any public place or nonpublic place.
B.
This article shall not apply to a minor smoking or using
tobacco in a nonpublic place which constitutes the residence of the minor
and his or her parent or parents or guardian.
A violation by a minor of this article shall be enforced as follows:
A.
First offense.
(1)
A verbal warning will be given to the offender by the
officer observing the violation. The officer will take the offender's name,
age, address, telephone number and name and address of parents or guardians.
The information will be placed on a juvenile record card maintained at the
Department of Police, which said card shall also contain the date and place
of the offense.
(2)
Unless there are other violations outstanding, or the
offender is uncooperative, he or she will not be taken to police headquarters
for a first violation. The information from the juvenile record card will
be transmitted to the Detective Bureau Commander who will file it and advise
the parent or guardian of the incident and information contained on the card.
B.
Second offense. The officer observing the violation will
take the offender's name, address, telephone number, parent's or guardian's
name and address (the information will be placed on a juvenile record card).
The card will also contain the date and place of the offense. The Detective
Bureau Commander will arrange a station house adjustment with the offender
and the offender's parents or guardians. The station house adjustment will
involve discussion of the third phase of enforcement, and antitobacco use
literature will be provided. Unless there are extenuating circumstances, the
officer does not have to take the offender into custody.
C.
Third offense.
(1)
The information described above for the juvenile record
card will be verified and given to the Detective Bureau Commander. The card
will also contain the date and place of the offense. The Detective Bureau
Commander will take appropriate action, which will be a referral to a two-hour
education program currently conducted by The Valley Hospital Community Education
Department. In the event that such a program is not available, the Bureau
Commander will assign attendance at a similar education program. Attendance
at this program is required, both by the offender and a minimum of one parent
or guardian. Unless there are extenuating circumstances, the officer does
not have to take the offender into custody.
(2)
If a period of two years or more passes after the commission
of the third offense, the next offense will not be considered a fourth offense,
but the procedure for a third offense will be repeated.
D.
Fourth offense. The information on the juvenile record
card will be implemented and verified and given to the Detective Bureau Commander.
The card will also contain the date and place of the offense. The Detective
Bureau Commander will take appropriate action, which will include a referral
to a six-session smoke stop program offered by the Community Education Program
at Valley Hospital, or equivalent. Any costs involved for these programs shall
be paid by the offender. Unless there are extenuating circumstances, the officer
does not have to take the offender into custody.
E.
Fifth offense.
(1)
A juvenile complaint will be issued to the offender for
appearance in Juvenile Court or Municipal Court.
(2)
In the event that the offender does not comply with any
of the requirements set forth in first, second, third or fourth offenses,
a juvenile complaint will be issued to the offender for the initial and any
subsequent violations.
This article is intended to implement N.J.S.A. 2A:170-51 et seq.
