[Adopted 12-15-1994 by Ord. No. 29-94 (Ch.
136 of the 1981 Code); amended in its entirety 6-27-1996 by Ord. No. 24-96]
As used in this article, the following terms
shall have the meanings indicated:
HEALTH OFFICER
The administrative officer of the Marlboro Township Health
Department or, in the absence of a municipal health department, the
administrative officer of the Monmouth County Board of Health and/or
their designees or authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
SELF-SERVICE TOBACCO DISPLAYS
Any racks, stands or other display devices from which a customer
may take tobacco products directly with only payment to be made to
the tobacco retailer.
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and/or any other personal consumption use,
including but not limited to cigars, chewing tobacco, pipe tobacco,
snuff and cigarettes in any form.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession or place at which sales of tobacco are made to purchasers
for consumption or use and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
VENDING MACHINE
Any type of automated self-service device which, upon the
insertion of money, tokens or any other form of currency or payment,
dispenses cigarettes or other tobacco products.
It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without requesting
and examining identification from the purchaser which positively establishes
the purchaser's age as 18 years or greater, unless the seller has
some other conclusive basis for determining the buyer is over the
age of 18 years.
All tobacco vending machines and self-service
tobacco displays made unlawful by the terms of this article shall
be removed within 30 days from the effective date of this article.
[Adopted 8-13-2015 by Ord. No. 2015-11]
The following are the purposes of this article:
A. The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer (see U.S. Department
of Health and Human Services, the Health Consequences of Involuntary
Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
2006);
B. Smoking is the leading cause of death in the United States and the
United States Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of the six top national healthcare
priorities;
C. Pursuant to N.J.S.A. 40:48-1, Marlboro is given the authority to
adopt ordinances for the public health, safety and welfare of the
Township, its citizens, residents and guests; and
D. The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) ("NJSFAA")
specifically authorizes local restrictions on smoking "equivalent
to, or greater than" those provided in the NJSFAA for purposes of
"protecting public health."
As used in this article, the following terms shall have the
following definitions:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling of smoke or vapor from an electronic smoking
device.
There is hereby established in front of the municipal building
located at 1979 Township Drive within the Township of Marlboro a one-hundred-sixty-foot
smoke-free zone wherein the smoking of any form of tobacco product,
either a cigarette, cigar, pipe or the inhaling of smoke or vapor
from an electronic smoking device, is strictly prohibited. The one-hundred-sixty-foot
smoke-free zone shall extend outward from the main entrance of the
municipal building at the council chambers.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not less than $100 for the first offense, $250 for the second offense
and $500 for each subsequent offense.