[Adopted 9-28-1999 by Ord. No. 99-9]
As used in this article, the following terms
shall have the meanings indicated:
BOARD OF HEALTH
The Town of Clinton Board of Health and may be referred to
in this chapter as the "Board of Health," "Department," or "Board."
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
TOBACCO
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.
TOBACCO RETAILER
Any person or entity that opens a store, stand, booth, concession
or place at which sales of tobacco are made to purchasers for consumption
or use. It shall also mean a person or entity that owns, operates
and uses a vending machine and/or a vending machine location.
VENDING MACHINE
Any automated or self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
It shall be unlawful to sell or furnish cigarettes
made of tobacco or any other matter or substance which can be smoked
or tobacco in any form to a person under 18 years of age.
It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without first
requesting and examining identification from the purchaser positively
establishing the purchaser's age as 18 years or greater.
The following six-inch-by-eight-inch sign shall
be posted in a conspicuous place near each cash register in all retail
establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 18
|
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 18 years of age may be prosecuted
in
|
accordance with state and local ordinances.
|
Tobacco vending machine sales and self-service
displays. It shall be unlawful to offer for sale or to sell tobacco
through a tobacco vending machine in the Town of Clinton.
All tobacco vending machines and self-service
displays made unlawful by the terms of this article shall be removed
within 30 days from the effective date of this article.
This article shall be liberally construed for
the protection of the health, safety and welfare of the people of
the Town of Clinton.
If the provision, clause or application of this
article is held invalid, the remainder of the article or any other
application of it shall not be affected thereby, and shall remain
in full force and effect.
This article shall take effect upon passage
and publication in accordance with law.
[Adopted 9-9-2008 by Ord. No. 08-15]
No person under the age of 18 shall use cigarettes
or other tobacco products within or upon any public place or area
in the Town of Clinton.
As used in this article, the following terms
shall have the meanings indicated:
PUBLIC PLACE OR AREA
Any place or area to which the public is invited or upon
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 Town, any mall or shopping center,
and any school property. Public place or area shall not include the
interior of an automobile unless it is parked.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or other person use, including cigars,
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
The Public Works/Business Administrator or his
designee is authorized to post adequate notice of the juvenile smoking
prohibition in conspicuous places near the entrances to the Town of
Clinton.
Any person violating or failing to comply with
any provision of this article shall, upon conviction thereof for a
first offense, be punished by a fine of not more than $50, or by community
service of not more than two days; for a second offense within the
same calendar year, by a fine of not more than $100, or by community
service of not more than five days; for a third offense within the
same calendar year, by a fine of not less than $200, or by community
service of not less than 10 days, or any combination of fine, imprisonment
or community service as determined in the discretion of the Court.