[HISTORY: Adopted by the Board of Health
11-1-1994 by Ord. No. 94-3. Amendments noted where applicable.]
[Amended 9-8-2015 by Ord.
No. 15-15]
A.
It shall be unlawful to sell any cigarettes made of tobacco or of
any other matter or substance which can be smoked, or any cigarette
paper or tobacco in any form, including smokeless tobacco, or any
electronic smoking devices that can be used to deliver nicotine or
other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe,
or any cartridge or other component of the device or related product
to a person under 19 years of age.
B.
Sign requirements. 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 ANY PERSON UNDER THE AGE OF 19
IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who
sells or offers to sell a product to a person under 19 years of age
may be prosecuted in accordance with state and local ordinances."
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[Amended 9-8-2015 by Ord.
No. 15-15]
It shall be unlawful for a tobacco/cigarette retailer to sell
or permit to be sold cigarettes or other tobacco products 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.
It shall be unlawful to offer for sale or to
sell tobacco/cigarettes through a tobacco/cigarette vending machine
or from a freestanding or attached display of tobacco/cigarettes in
the Borough of Hillsdale.
All tobacco/cigarette machines 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:
The Board of Health of the Borough of Hillsdale.
Any display promotion of tobacco/cigarette products in any
area of a store or food establishment not specifically behind a sales
counter and within the grasp of the public so as to be self-service.
The administrative officer of the Hillsdale Board of Health
and/or his or her authorized representatives.
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 and cigarettes in any form.
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. Shall also mean a person or entity that owns,
operates or uses a vending machine and/or vending machine location.
Any automated, self-service device which, upon insertion
of money, tokens or any form of payment, dispenses cigarettes or other
tobacco products in any form.
A.
Whenever the Health Officer or his/her designee reasonably
believes there exists a violation of this chapter, he or she may issue
a summons and complaint 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
reference to the section of this chapter alleged to have been violated.
The complaint shall be delivered by the police or sent by certified
mail to the alleged violator.
B.
The Health Officer or his designee or any other person
charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premise, place, person, record, vehicle,
incident or event as necessary.
C.
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or
his designee who may request the assistance of the Hillsdale Police
Department, or other police agency or peace officer when necessary
to execute his or her official duty in a manner prescribed by law.
D.
Citizens may bring complaints against violators of
this chapter through the Health Department or Police Department.
A.
Unless otherwise provided by law, statute or ordinance,
any person violating any of the provisions of this chapter shall,
upon conviction thereof, pay a fine of $250 for a first offense, $400
for a second offense and $500 for a third and each consecutive offense.
Complaint shall be made in Municipal Court of the Borough of Hillsdale
or before such other judicial officer having authority under the laws
of the State of New Jersey.
B.
Defendants may, after reading and understanding the
penalties, plead guilty to the charges and after signing an affidavit,
may pay the appropriate fine to the Clerk of the Court, in lieu of
a court appearance.
C.
Each sale of tobacco/cigarettes to a minor shall constitute
a separate violation.
