[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park 9-15-2003 by Ord. No. 2003-14. Amendments noted where applicable.]
No person under the age of 18 shall purchase, or within or upon any public place or area use, cigarettes or other tobacco products with the Borough of Prospect Park.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC PLACE OR AREA
Any place or area to which the public is permitted, including, but not limited to, any sidewalk, street or any other right-of-way, park, playground, and any other property owned by the Township, any mall or shopping center, and any school property.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
Any person under the age of 18 who purchases, or within or upon any public place or area uses, cigarettes or other tobacco products, shall be subject to the following noncriminal penalties:
A. 
For a first offense:
(1) 
Issuance of a written warning by the officer which includes literature explaining the risk of tobacco use and the purposes for which the Borough of Prospect Park has adopted this chapter; and
(2) 
Parental notification by the officer or Police Department.
B. 
Repeat offenders of the ages of 16 or 17 at the time of the violation shall be required to participate in community service projects as determined by the Chief of Police, the officer in charge or his/her designee in the amount of up to 25 hours for the second offense and up to 50 hours for any subsequent offenses, and be required to participate at their own expense in an education program determined by the Chief of Police, the officer in charge or his/her designee concerning the dangers of smoking and tobacco use.
C. 
Repeat offenders under the age of 16 shall be required to participate in community service projects as determined by the Chief of Police, the officer in charge or his/her designee in the amount of up to 15 hours for the second offense and up to 30 hours for any subsequent offenses, and be required to participate at their own expense in an education program determined by the Chief of Police, the officer in charge or his/her designee concerning the dangers of smoke and tobacco use.
D. 
In the event that a person is charged with a fourth offense and in the judgment of the Chief of Police, the officer in charge or his/her designee may cause a juvenile complaint to be issued to the offender for appearance in Juvenile Court or Municipal Court.
E. 
In the event that the offender does not comply with any of the requirements set forth above, including but not limited to completing the required community service or attendance in an education program, a juvenile complaint will be issued to the offender for the initial and any subsequent violations.