[HISTORY: Adopted by the Mayor and Council
of the Borough of Riverton 5-18-2021 by Ord. No. O-2021-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 117, Tobacco
Use, which consisted of Art. I, Purchase or Use by Minors, adopted
10-8-1998 by Ord. No. 10-98.
The purpose of this chapter is to prohibit smoking within any
indoor or outdoor public building or facility and on properties owned
or controlled by the Borough of Riverton, and to prohibit the purchase
or use of tobacco or cannabis products by any person under the age
of 21 at any time.
As used in this chapter, the following terms shall have the
meanings indicated:
This term shall have the same meaning as provided under N.J.S.A.
24:6I-33.
Any electronic device that can be used to deliver nicotine,
cannabis or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo,
pipe or personal vaporizer.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee
or any other legal entity.
Any place or area to which the public is invited or upon
which the public is permitted, including, but not limited to, all
municipal offices and buildings, police stations, fire stations, school
buildings, and any and all facilities, parks and playgrounds owned,
controlled or operated by the Borough.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco, cannabis or any other matter
that can be smoked, or the inhaling or exhaling of smoke or vapor
from an electronic smoking device.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or any other use, including cigars, chewing
tobacco, pipe tobacco, snuff and cigarettes in any form.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
A.
Smoking shall be prohibited in the following places:
(1)
On any property owned or leased by the Borough.
(2)
Inside any municipal building or facility, including, but not limited
to, Borough Hall, the sewer plant, the police station, and the public
works facility.
(3)
Within any vehicle owned or leased, in part or entirely, by the Borough.
(4)
All public parks and recreational spaces in the Borough, including,
but not limited to, the Riverton Memorial Park Complex, Gazebo Plaza,
the War Memorial, and Pocket Parks on Bank Avenue.
B.
The prohibitions enumerated herein shall extend to the entire boundary
of each Borough property or facility, including any entrance or exit
areas of any public buildings.
C.
No provision of this chapter shall be construed or interpreted to
allow smoking where it is otherwise restricted or prohibited by other
laws.
D.
"No smoking" signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at all buildings
and facilities where smoking is prohibited by this chapter. The signs
shall be clearly visible to the public and shall contain letters or
a symbol which contrast in color with the sign, indicating that smoking
is prohibited therein. The sign shall also indicate that violators
are subject to a fine.
A.
It shall be unlawful to sell or otherwise provide tobacco or tobacco
products, cannabis or cannabis products, or an electronic smoking
device of any kind, to a person under 21 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 an electronic smoking
device, tobacco or tobacco products, cannabis or cannabis products,
with the intent to sell or give such product to a minor.
C.
It shall be unlawful for any person or entity to offer for sale or
to sell electronic smoking devices, tobacco or tobacco products from
a vending machine or other self-service display. All such products
or devices are to be stored for sale in such a manner that they are
in the control of the retailer and its employees, and provided to
the customer only upon request and after reasonable verification of
the customer's age.
D.
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 21
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 21 years of age may be
prosecuted in accordance with state and local ordinances."
A.
Unless a greater fine is permitted under N.J.S.A. 26:23D-56 et seq.
for smoking in specific areas defined therein, in which case such
higher level of fine shall be utilized, any person who smokes in an
area in which smoking is prohibited shall be guilty of a disorderly
persons offense and subject to a maximum fine of $200 for each violation
pursuant to N.J.S.A. 2C:33-13.
B.
Pursuant to N.J.S.A. 2C:33-13.1, a person who sells or gives to a
person under 21 years of age any tobacco or tobacco products, cannabis
or cannabis products, or an electronic smoking device of any kind
shall be punished by a fine as provided for a petty disorderly persons
offense. A person who has been previously punished under this section
and who commits another offense under it may be punishable by a fine
of twice that provided for a petty disorderly persons offense.
