[Adopted 5-7-2003 by Ord. No. 2003-10]
As used in this article, the following terms
shall have the meanings indicated:
The Health Officer of Warren County and/or his designee.
Any person less than 18 years of age.
A police officer of the Township of Lopatcong.
Any parks, recreational areas, school property, libraries,
bikeways, pathways, theaters, bowling alleys, malls, parking areas
or public places, restaurants open to the public and located in the
Township of Lopatcong and the Lopatcong Township Municipal Complex.
Any product made from the tobacco plant or containing tobacco
leaf for the purpose of smoking, chewing, inhaling and other personal
use, including but not limited to 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 tobacco in or on any public place or to
possess in open view tobacco in any public place.
B.
The minor's name, address, the date, time and location
of the violation and the name of the witness to the violation shall
be reported to the Health Officer for further action in accordance
with the provisions of this article.
A.
If a violation of this article occurs on the property
of any public or private elementary or secondary school, the offender's
name and address, the date, time and location of the violation and
the name of the witness to the violation shall be reported to the
Health Officer for further action in accordance with the provisions
of this article.
B.
The principal of the school and/or his/her designee
(or designees) are authorized to confiscate the illegally possessed
tobacco or tobacco products.
C.
The provisions of this section shall apply to all
students, regardless of age.
Police officers have the authority to enforce
the provisions of this article.
It shall be unlawful for any person under the
age of 18 years to use any false identification or use any identification
other than his/her own, for the purposes of obtaining or attempting
to obtain tobacco products.
A.
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(s) or guardians(s).
B.
This article shall not be deemed to prohibit persons
under the age of 18 years from performing the necessary handling of
tobacco products when acting as the agent of the minor's employer
within the scope of employment.
C.
This article shall not apply to the possession of
tobacco products by minors as part of law enforcement efforts to curtail
the sale of tobacco products to persons under the age of 18 years.
D.
The provisions of this article shall not apply to
violations of N.J.S.A. 26:3D-1 et seq., N.J.S.A. 26:3E-7 and N.J.S.A.
2C:33-l3, as per N.J.S.A. 2A:4A-23.
A violation of this article shall be enforced
as follows:
A.
First offense. A warning, in writing, will be given
to the offender and his or her parent or guardian by the Health Officer.
The parent or guardian of the offender shall be provided with anti-tobacco
use literature by the Health Officer.
B.
Second offense
(1)
If the offense occurs on school property, the offender
will be referred to a substance abuse counselor for anti-smoking counseling,
as provided for by the Board of Education.
(2)
If the offense occurs on a public place other than
school property, the procedures for a first offense will be followed.
(3)
If a period of one year or more passes after the commission
of the second offense, the next offense will not be considered a third
offense, but the procedure for a second offense will be repeated.
C.
Third and subsequent offense(s).
(1)
A complaint will be issued to the offender for an
appearance in Municipal Court.
(2)
The offender will be referred to an advanced anti-smoking
education program approved by the Health Department. Any costs involved
for these programs shall be paid by the offender.
(3)
Offender may also be subject to a fine not to exceed
$1,000 and/or community service.
