Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
[Amended 12-27-1995 by Ord. No. B-2-95]
It shall be unlawful to sell tobacco to a person under 18 years of age in the Township of Mount Olive.
The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all establishments which sell tobacco products in the Township of Mount Olive:
"Sale of tobacco products to minors under the age of 18 is prohibited by law. Legal proof of age must be shown in order to purchase tobacco products. 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 New Jersey State statutes and ordinances of the Township of Mount Olive."
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 positively establishing 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.
Tobacco vending machines are prohibited, and it shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Mount Olive.
All tobacco vending machines made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display of cigarettes or tobacco products in the Township of Mount Olive.
[Added _____ by Ord. No. BOH 3-2014]
This article shall incorporate by reference as if set forth at length herein, New Jersey Assembly Bills 4227 and 4228, P.L. 2009, c. 1982, adopted January 11, 2010.
[Amended _____ by Ord. No. BOH 3-2014]
All self-service cigarette or tobacco product displays made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.
[Amended _____ by Ord. No. BOH 3-2014]
As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health which has been appointed pursuant to the Administrative Code of the Township of Mount Olive.
ELECTRONIC SMOKING DEVICES
Any 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.
HEALTH DEPARTMENT
The Township of Mount Olive Department of Health, Welfare and Sanitation.
HEALTH OFFICER
The Director of the Township of Mount Olive Department of Health, Welfare and Sanitation and/or his or her authorized representative.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
Any shelving or storing of cigarettes in an area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take the same without the assistance of an employee of the establishment.
SMOKING
Means the burning of, inhaling from exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
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.
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.
[Amended _____ by Ord. No. BOH 3-2014]
A. 
Whenever the Health Officer or his/her designee reasonable believes there exists a violation of this article, 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 section of this article alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
B. 
The Health Officer or his designee, or any person charged with enforcement of this article, after giving proper identification, may inspect any matter, thing, premises, place, person, record vehicle, incident or event as necessary for the enforcement of this article.
C. 
It shall be unlawful for any person to molest, willfully opposed, verbally abuse or otherwise obstruct the Health Officer or his designee who may request the assistance of the Township of Mount Olive Police Department or any other policy agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.