[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarette vending machines — See Ch. 289, Art. III.
[Adopted 11-12-1997 by Ord. No. 97-20]
As used in this article, the following terms shall have the meanings indicated:
PUBLIC PLACE
Any building or enclosed structure open to the public, and any street, road, sidewalk, walkway, park or open space located within the Borough of East Rutherford and which is open to the public.
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.
A. 
It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product in or on any public place or to possess in open view an opened pack, opened carton or other opened container holding a tobacco product in any public place.
B. 
This article shall not apply to a minor smoking or using tobacco in a nonpublic place which constitutes the residence of the minor or his or her parent or parents or guardian.
A. 
A violation by a minor of this article shall be enforced as follows:
(1) 
First offense.
(a) 
A verbal warning will be given to the offender by the officer observing the violation. Any tobacco product in possession of the juvenile will be taken by the police when the violation is observed by the same. The officer will take the offender's name, age, address and telephone number, along with information on parents or guardians. This information will be maintained at the Police Department, along with the date and place of office. The same information will be taken and maintained when given by a concerned private citizen.
(b) 
Unless there are other violations outstanding or the offender is uncooperative, he or she will not be taken in custody for this violation. The information obtained will be turned over to the Juvenile Officer who will advise the parent or guardian of the incident.
(2) 
Second offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the juvenile. The Juvenile Officer or his designee will arrange a station house adjustment with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the third phase of enforcement. In addition, educational materials will be provided for the offender and family. This information will be maintained at the Police Department, along with the date and place of office. The same information will be taken and maintained when given by a concerned private citizen.
(3) 
Third offense.
(a) 
The officer observing the violation will take all necessary information, along with removing any tobacco products from the juvenile. The Juvenile Officer or his designee will arrange to have the juvenile attend a two-hour educational program to be run by the East Rutherford Police Department, or they can be referred to a similar program such as the current program being conducted by Valley Hospital. Attendance at this program is required by the juvenile. A parent or guardian may also attend the entire program. If the parent or guardian does not attend the entire program, then a follow-up conference is required with the Juvenile Officer or his designee. This information will be maintained at the Police Department, along with the date and place of office. The same information will be taken and maintained when given by a concerned private citizen.
(b) 
If a period of two years or more passes after the commission of the third offense, the next offense will not be considered a fourth offense, but the procedure for a third offense violation will be repeated.
(4) 
Fourth offense. The officer observing the violation will take all necessary information along with removing any tobacco products from the juvenile. The Juvenile Officer or his designee will arrange to have the juvenile attend a six-session smoke-stop program offered by the Community Education Program at Valley Hospital or a equivalent program. All costs involved for these programs shall be paid by the offender. This information will be maintained at the Police Department, along with the date and place of office. The same information will be taken and maintained when given by a concerned private citizen.
(5) 
Fifth offense. The officer observing the violation will take all necessary information, along with removing any tobacco products from the juvenile. A juvenile complaint will be issued to the offender for appearance in Juvenile or Municipal Court. This information will be maintained at the Police Department, along with the date and place of office. The same information will be taken and maintained when given by a concerned private citizen.
B. 
In the event that the offender does not comply with any of the requirements set forth in first, second, third or fourth offenses, a complaint will be issued to the offender for the initial and any subsequent violations.
[Adopted 5-19-2015 by Ord. No. 2015-03]
For purpose of this article, the following terms shall have the meanings set forth:
NICOTINE DELIVERY PRODUCTS
Any 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.
SMOKELESS TOBACCO
Any tobacco products that are suitable for dipping or chewing, such as snuff, chewing tobacco or dipping tobacco.
TOBACCO OR NICOTINE DELIVERY PRODUCTS
Any substance containing tobacco including, but not limited to, cigars, cigarettes, pipe tobacco and smoke tobacco.
No person shall sell tobacco, smokeless tobacco, or nicotine delivery products in the Borough of East Rutherford 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.
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 person 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.
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.
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.
A. 
Any person who violates the provisions of this article shall be punished by a fine not exceeding $500, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment.
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 as provided by N.J.S.A. 26:3-31(c).