[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 11-10-1998 by Ord. No. 11-98. Amendments noted where applicable.]
GENERAL REFERENCES
Drug-free zones — See Ch. 12, Art. I.
Parental responsibility — See Ch. 95.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON, FIRM, CORPORATION or ASSOCIATION
As used herein, shall include the following: any person, firm, corporation, or association in whose place of business or employment tobacco products are offered for sale, directly or by machines.
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.
A. 
It shall be unlawful to sell or otherwise provide tobacco products to a person under 18 years of age, which person shall be considered a minor for purposes of this chapter.
B. 
It shall be unlawful for any person to purchase tobacco products with funds furnished by a minor or with the intent to sell or give such a product to a minor.
C. 
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 in which tobacco products are sold:
THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN IS PROHIBITED BY LAW. Legal Proof of Age Must Be Shown. A person who sells or offers to sell a tobacco product to a person under eighteen years of age may be prosecuted in accordance with State and Local Ordinances.
D. 
It shall be unlawful for any person under 18 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.
E. 
The Drug-Free School Zone Map[1] adopted by the Borough of Oaklyn 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 18 years of age tobacco in any form within the areas on or within 1,000 feet of such school property.
[1]
Editor's Note: See Ch. 12, Art. I, Drug-Free Zones.
F. 
It shall be also unlawful for a person under 18 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.
G. 
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 minor under the age of 18 years to allow that minor 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.
H. 
Unless otherwise provided by law, a minor charged under this section as a first offense with the use or purchase of a tobacco product shall be served with a written warning which shall inform the minor of subsequent penalties. A copy of said warning shall be sent to the minor's parents.
I. 
Repeat minor offenders who are found guilty of violating § 118-2 of 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 Borough of Oaklyn 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 this chapter takes effect.