[Ord. No. 1700, § 2; amended by Ord. No. 3348, 2-23-1993, § 2; Ord. No. 3395, 6-21-1994, § 1; Ord.
No. 3830, 8-24-2004, § 1; Ord. No. 4050, 1-8-2008, § 3]
As used in this chapter, the following terms shall have the
meanings indicated:
HEALTH DEPARTMENT
The Department of Health and Human Services of the Township,
and may be referred to herein as the "Department."
HEALTH OFFICER
The Health Officer of the Department of Health and Human
Services of the Township and/or his or her authorized representatives.
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
NICOTINE DELIVERY PRODUCTS
Products which are designed to deliver nicotine or vapor,
including what are commonly known as "e-cigarettes," and used as a
substitute for cigarettes or other forms of tobacco, but excluding
nicotine patches or nicotine chewing gum.
[Added by Ord. No. 40-2014, 11-12-2014]
PERSON
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
RIGHT-OF-WAY
The strip of land occupied or intended to be occupied by
a street, road, highway, crosswalk, railroad, sidewalk, electric transmission
line, gas pipeline, water main, communication lines, sanitary main,
storm main, shade tree or for another special use.
ROADWAY
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two or more separate roadways, the term "roadway"
used herein shall refer to any such roadway separately, but not to
all such roadways collectively.
SIDEWALK
The area of the right-of-way used for pedestrians; the portion
of a highway intended for the use of pedestrians, between the curbline
or the lateral line of a shoulder, or, if none, the lateral line of
the roadway and the adjacent right-of-way line.
SMOKE or SMOKING
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains tobacco.
TOBACCO
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use, including 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 also mean a person or entity that
owns, operates or uses a vending machine and/or a vending machine
location.
VENDING MACHINE
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Ord. No. 1700, § 2; amended by Ord. No. 3348, 2-23-1993, § 2; Ord. No. 3395, 6-21-1994, § 1; Ord.
No. 3830, 8-24-2004, § 2;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Smoking or the carrying of a lighted pipe, cigar, cigarette
or other smoking materials is prohibited in all places designated
by the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55 et seq.
[Ord. No. 3395, 6-21-1994, § 1]
(a) It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Township of Teaneck.
(b) All tobacco vending machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter
amendment.
[Ord. No. 1700, § 4; amended by Ord. No. 3395, 6-21-1994, § 1]
(a) Each owner, proprietor or person having control of the premises shall
post a notice in prohibited areas that it is a violation of law to
smoke in such an area. It shall be unlawful for any person to remove,
mutilate or destroy any signs required by this chapter.
(b) A sign, no less than six inches by eight inches, shall be posted,
in a manner that makes it immovable, in a conspicuous place near each
cash register or point of sale in any retail establishment which sells
tobacco products, with the following legend: "SALE OF TOBACCO PRODUCTS
TO PERSONS 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."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Ord. No. 3395, 6-21-1994, § 1]
(a) Whenever the Health Officer, Chief of Police or their designated
representative reasonably believes there exists a violation of this
chapter, he/she may issue a summons and complaint not later than 90
days after discovery of the alleged violation. The complaint shall
be written and shall state with reasonable particularity the nature
of the violation, including reference to the article and section of
this chapter alleged to have been violated. The complaint shall be
delivered or sent by certified mail to the alleged violator.
(b) The Health Officer or any other person charged with enforcement of
this chapter, after giving proper identification, may inspect any
matter, thing, premises, place, person, record, vehicle, incident
or event as necessary.
(c) Citizens may bring complaints against violators of this chapter.
[Ord. No. 3395, 6-21-1994, § 1; amended by Ord. No. 40-2014, 11-12-2014]
(a) No person
shall sell tobacco or nicotine delivery products in the Township of
Teaneck unless the sale of such products is controlled by an employee
of the establishment. A person may only sell tobacco or nicotine delivery
products in a direct, face-to-face exchange between the retailer and
the consumer. Self-service displays of tobacco or nicotine delivery
products shall be prohibited.
(b) No person
shall sell tobacco or nicotine delivery products to any person under
the age of 21 years or give tobacco or nicotine delivery products
to any person under the age of 21.
(c) Tobacco
retailers shall conspicuously post and reasonably maintain signs,
having a minimum size of six inches by eight inches, where tobacco
or nicotine delivery products are displayed and at all checkout counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
(d) Any
person selling tobacco or nicotine delivery products shall verify
by means of government-issued photographic identification containing
the bearer's date of birth that no person purchasing the tobacco or
nicotine delivery products is younger than 21 years of age. No such
verification is required for any person over the age of 26. No clerk
shall sell tobacco or nicotine delivery products to a person under
21 years of age who has a note from an adult requesting such sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(e) No tobacco
retailer selling tobacco or nicotine delivery products shall allow
an employee to sell or distribute such products until the employee
has read the Township ordinances and state laws pertaining to the
sale or distribution of tobacco and nicotine delivery products and
has signed a statement that the employee has read such ordinances
and state laws. Such form statement will be supplied by the Health
Department, and the signed original statement shall be filed with
the Health Department, and a copy shall be kept on file by the tobacco
retailer and made available for review by the Health Department.
[Ord. No. 1700, § 5; amended by Ord. No. 3395, 6-21-1994, § 1]
(a) Any person who violates the provisions of this chapter shall be subject to penalties set forth in §
1-6 of the Code of the Township of Teaneck, 1964, as amended.
(b) Each sale of tobacco to a minor, each day the required sign is not
posted, each day a prohibited vending machine remains on the premises
after the required removal date and each incident of failure to require
identification shall constitute a separate violation.
(c) In addition, the Health Department may suspend the retail food establishment license of any person convicted of a violation of this chapter, for a period of not more than three days, pursuant to the authority of Chapter
17 of this Code and as provided by N.J.S.A. 26:3-31c.
[Ord. No. 3395, 6-21-1994, § 1]
This chapter shall be liberally construed for the protection
of the health, safety, and welfare of the people of the Township of
Teaneck.
[Ord. No. 23-2023, 4-18-2023]
As used in this article, the following terms shall have the
meanings indicated:
CANNABINOID PRODUCTS
Any product containing cannabinoids as defined herein, including,
but limited to, candy, gummies, vapor, food products or other products
of any type intended for the consumption of cannabinoids.
CANNABINOIDS
Any of a group of closely related compounds which include
cannabinol and the active constituents of cannabis, containing 0.5
milligram or more of any combination of THC, including delta-8 THC
or delta-8-tetrahydrocannabinol, delta-10 THC, Tetrahydrocannabivarin
("THC-V"), THC-O-Acetate ("THC-O"), hexahydrocannabinol ("HHC"), or
any other cannabinoids advertised by the manufacturer or seller as
having an intoxicating effect not otherwise regulated as a cannabis
item pursuant to N.J.S.A. 24:6I-31 et seq., entitled the "New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act."
CANNABIS ITEMS
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. seq. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015,
c. 158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product
cultivated, handled, processed, transported, or sold pursuant to the
"New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A. 4:28-6
et seq.).
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma, including, but
not limited to, any fruit, candy, chocolate, vanilla, honey, cocoa,
wintergreen, dessert, alcoholic beverage, herb or spice flavoring,
that is imparted prior to or during consumption by an electronic smoking
device, including electronic liquid, or any smoke, aerosol, or vapor
emanating from that device or product. An electronic smoking device,
any cartridge, or other component of the device or other related product,
including liquid nicotine, shall be deemed to have a characterizing
flavor if the device, cartridge, component, or related product is
advertised or marketed as having or producing any such distinguishable
flavor, taste or aroma. No tobacco product shall be determined to
have a characterizing flavor solely because of the use of additives
or flavorings or the provision of ingredient information.
ELECTRONIC SMOKING DEVICE
A nonlighted, noncombustible electronic device that may be
used to simulate smoking and that employs a mechanical heating element,
battery, or circuit, regardless of shape or size, to produce aerosolized
or vaporized nicotine, cannabinoid or other substance for inhalation
into the body of a person, including devices marketed as an e-cigarette,
e-cigar, e-pipe, e-hookah, vape pen, or any other similar product
with any other product name or descriptor.
VAPE BUSINESS
A retail business where electronic smoking devices or cannabinoid
items are sold.
VAPE or VAPING
The inhalation of vapor containing nicotine or a cannabinoid
item by an electronic smoking device.
No person shall vape in any place in which smoking is prohibited
under the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.)
or while outdoors on any public streets, public sidewalks or public
parking lots within the Township of Teaneck.