Borough of Wanaque, NJ
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2021-11-08
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Part III: Board of Health Legislation
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Chapter 116A Cigarette Vending Machines
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Assessors, Board of Tax
- Ch 5 Civil Defense Agency
- Ch 6 Civil Service
- Ch 8 Claims Approval
- Ch 10 Court, Municipal
- Ch 12 Ethics, Code of
- Ch 13 Fire Department and Emergency Services
- Ch 15 Health, Board of
- Ch 17 Industrial Commission
- Ch 20 Local Assistance Board
- Ch 22 Meetings
- Ch 23 Open Space Committee
- Ch 24 Part-Time Employees
- Ch 26 Pensions
- Ch 28 Personnel, Municipal
- Ch 29 Personnel Policies and Regulations
- Ch 30 Defense and Indemnification
- Ch 31 (Reserved
- Ch 33 Police Department
- Ch 34 Public Works, Department of
- Ch 35 Purchasing
- Ch 36 (Reserved)
- Ch 38 Records, Fees for Public
- Ch 40 Recreation Commissioners, Board of
- Ch 43 Salaries and Compensation
- Ch 44 (Reserved)
- Part II: General Legislation
- Ch 46 Alarm Devices
- Ch 47 Alcoholic Beverages
- Ch 48 Alarm Devices and False Alarms
- Ch 49 Amusement Devices and Vending Machines
- Ch 50 Animals
- Ch 51 Assemblies, Mass
- Ch 53 Auctions
- Ch 55 (Reserved)
- Ch 57 Bathing Apparel
- Ch 58 Bathing, Public
- Ch 60 Bees, Domestic
- Ch 62 Buildings, Moving of
- Ch 62A Buildings, Numbering of
- Ch 63 Buildings, Repair or Demolition
- Ch 64 (Reserved)
- Ch 66 Car Lots, Used
- Ch 66A Certificate of Continued Occupancy
- Ch 67 Checks, Returned
- Ch 67A Construction Codes, Uniform
- Ch 69 (Reserved)
- Ch 71 Dwellings Unfit for Human Habitation
- Ch 72 Fees
- Ch 72A Fire Insurance Claims
- Ch 73 Fire Prevention
- Ch 74 Flea Markets and Garage Sales
- Ch 74A Flood Damage Prevention
- Ch 74AA Golf in Parks and Public Places
- Ch 74B Hazardous Materials
- Ch 74C Hotels, Motels and Tourist Lodges
- Ch 75 Housing
- Ch 76 Insurance
- Ch 78 Library, Municipal
- Ch 79 Licensing
- Ch 80 Mechanical Standards
- Ch 82 Noise
- Ch 83 Obscene Materials and Adult Uses
- Ch 83A Parking of Commercial Vehicles
- Ch 84 Parks
- Ch 85 Peace and Good Order
- Ch 87 Peddling and Soliciting
- Ch 88 Property Maintenance
- Ch 88A Rainbow Valley Lake
- Ch 89 Raffles
- Ch 89A Recycling
- Ch 89B Retaining Walls
- Ch 90 Secondhand Precious Metals, Dealers in
- Ch 91 Sewers
- Ch 91A Sexual Offenders
- Ch 92 Shade Trees
- Ch 93 Soil Erosion and Sediment Control
- Ch 94 Soil Removal
- Ch 95 Stormwater Management
- Ch 96 Streets and Sidewalks
- Ch 98 Subdivision and Land Development
- Ch 99 Swimming Pools
- Ch 101 Taxicabs
- Ch 103 Telephone Communication, Direct
- Ch 104 Trees
- Ch 105 Trespassing
- Ch 106 Vehicles, Abandoned
- Ch 107 Vehicles, Repair of
- Ch 108 Vehicles and Traffic
- Ch 109 Vehicles, Recreational
- Ch 110 Vehicles, Towing and Storage of
- Ch 110A Video Surveillance, Outdoor
- Ch 111 Water
- Ch 112 Wellhead Protection
- Ch 112A Wood Furnaces, Outdoor
- Ch 113 Yard Waste
- Ch 114 Zoning
- Part III: Board of Health Legislation
- Ch 116 Air Pollution
- Ch 116A Cigarette Vending Machines
- § 116A-1 Title.
- § 116A-2 Findings.
- § 116A-3 Lockout devices.
- § 116A-4 Conformance deadline.
- § 116A-5 Inspections and enforcement.
- § 116A-6 Violations and penalties.
- Ch 116B Dogs
- Ch 117 Dry-Cleaning Establishments
- Ch 119 (Reserved)
- Ch 120 Garbage and Rubbish
- Ch 122 Vital Statistics and Personal Health Programs, Fees for
- Ch 123 Housing Standards
- Ch 125 Litter
- Ch 127 Nuisances, Health
- Ch 128 (Reserved)
- Ch 130 Food and Beverages
- Ch 132 (Reserved)
- Ch 133 Sanitation Standards
- Ch 135 Sewage Disposal Systems, Individual
- Ch 136 (Reserved)
- Ch 137 Public Recreational Bathing
- Ch 137A Tattooing
- Ch 138 Water Systems, Public Noncommunity and Nonpublic
- Ch 139 Weed Control
- Appendix
- Ch A141 Cable Television Franchise
- Ch A144 Incinerator Franchise
- Ch A147 Sewerage Authority, Regional
- Ch A149 Telephone Franchise
- Ch A150 (Reserved)
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Board of Health
of the Borough of Wanaque 12-13-1995 as Ord. No. 1-01-95. Amendments
noted where applicable.]
This chapter shall be known as the "Ordinance
to Regulate Cigarette Vending Machines."
The Board of Health of the Borough of Wanaque
finds and declares as follows:
A.
The Surgeon General of the United States has called
for a ban on the sale of cigarettes by vending machines.
B.
The State of New Jersey has banned the sale or furnishing
of cigarettes or tobacco in any form to minors pursuant to N.J.S.A.
2A:170-51.
C.
The Borough of Wanaque Board of Health is authorized
to enact ordinances not contrary to the laws of this state or of the
United States, as it may deem necessary and proper, for the protection
of persons, for the preservation of public health, safety and welfare
of the residents of the Borough of Wanaque and in particular to minors.
D.
Cigarette vending machines allow and permit the indiscriminate
sale of cigarettes to minors.
E.
The selling, giving or furnishing of tobacco products
to persons under eighteen (18) years of age is prohibited in New Jersey
by N.J.S.A. 2A:170-51.
F.
There is a need to adopt an ordinance to safeguard
the public health by prohibiting sale of tobacco to minors and by
restricting the availability of tobacco vending machines so as to
prohibit access by minors.
All cigarette vending machines are prohibited
in the Borough of Wanaque, except those cigarette vending machines
which shall be controlled by a lockout device which will activate
the vending machine for no longer than thirty (30) seconds and allow
only one (1) sale per activation.
All tobacco vending machines shall conform to
the terms of this chapter effective January 1, 1996.
Any law enforcement officer, the Wanaque Borough
Health Officer or his designee or any other person charged with enforcement
of ordinances and laws within the Borough of Wanaque may inspect any
premises wherein a vending machine is located to ensure compliance
with the terms and provisions of this chapter. No person shall interfere
with any such person charged with the enforcement of this chapter
during the performance of his or her duties.
Any person owning, operating or permitting the
use of a cigarette vending machine, except as provided for herein,
on premises under his or her control shall be subject to a fine of
two hundred fifty dollars ($250.) each day in which the machine is
owned, operated, rented or permitted on such premises and shall be
subject to such other ordinances or statutes, including but not limited
to the provisions of N.J.S.A. 2A:170-51.
