[Ord. No. 1700, § 2; 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:
- DEDICATED PUBLIC PARKS
- The parks in Teaneck commonly known as:
- (a) Ammann Park.
- (b) Marie Andreas Park.
- (c) Argonne Park.
- (d) Dr. Barnett Bookstaver Park.
- (e) Clarence W. Brett Park.
- (f) Bernard E. Brooks Park (formerly Tryon Park).
- (g) Continental Park.
- (h) Coolidge Park.
- (i) Senator Matthew Feldman Nature Preserve.
- (j) Francis E. Hall Veterans Park (formerly part of Windsor Park).
- (k) Harte Park.
- (l) Hawthorne Park.
- (m) Herrick Park.
- (n) Eleanor Manning Kieliszek Greenbelt Park (formerly North Gaylord Park).
- (o) Dr. Martin Luther King Jr. Park (formerly Town Hall Park).
- (p) Mackel Park.
- (q) Phelps Park.
- (r) Sagamore Park.
- (s) South Gaylord Park.
- (t) Terhune Park.
- (u) Tokaloka Park.
- (v) Milton A. Votee Park.
- (w) Windsor Park.
- (x) Kipp Street Park.
- (y) Stephens Place Park.
- 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.
- 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.
- MUNICIPAL GOVERNMENT BUILDING
- A building or portion of a building owned or leased by the Township.
- 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]
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
- 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.
- 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.
- 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.
- 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; Ord. No. 3348, 2-23-1993, § 2; Ord. No. 3395, 6-21-1994, § 1; Ord. No. 3830, 8-24-2004, § 2]
No person shall smoke or carry a lighted cigar, cigarette, pipe or any other lighted matter or substance which contains tobacco in any of the following places:
Elevators, regardless of capacity, in any public place.
Any room, chamber or enclosed place of meeting or public assembly wherein public business is being conducted and which is open to members of the general public either as participants or spectators.
Public libraries, art museums and concert halls.
Any municipal government building.
Any of the dedicated public parks, including any adjacent public right-of-way, but excluding any roadways.
[Ord. No. 1700, § 3; Ord. No. 3395, 6-21-1994, § 1]
Smoking or the carrying of a lighted pipe, cigar, cigarette or other smoking materials is prohibited in the following places, except that such prohibition shall not apply to lounges and restrooms if said areas are designated by the owner or proprietor, or person in control of the premises, as smoking areas:
[Ord. No. 3395, 6-21-1994, § 1]
[Ord. No. 1700, § 4; Ord. No. 3395, 6-21-1994, § 1]
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.
A sign, no less than six 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 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."
[Ord. No. 3395, 6-21-1994, § 1]
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.
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.
Citizens may bring complaints against violators of this chapter.
[Ord. No. 3395, 6-21-1994, § 1; as amended by Ord. No. 40-2014, 11-12-2014]
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.
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.
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 check-out counters notifying customers that proof of age is required to purchase tobacco or nicotine delivery products.
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 containing 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.
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; Ord. No. 3395, 6-21-1994, § 1]
Any person who violates the provisions of this chapter shall be subject to penalties set forth in Section 1-6 of the Code of the Township of Teaneck, 1964, as amended.
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.
[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.