[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson 9-15-1999 by Ord. No. 1999-9 (Sec.
2.202 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Drug-Free and Drunk-Driving-Free Zones — See Ch. 252.
A.
There exists conclusive evidence that tobacco smoke
causes cancer, respiratory diseases, cardiovascular disease, negative
birth outcomes, as well as irritations to the eyes, nose and throat.
Both smokers and those exposed to secondhand smoke are at risk. It
is the opinion of the Township Committee that nonsmokers should not
be involuntarily exposed to tobacco smoke.
B.
Statistics reflect that more than 90% of all smokers
begin smoking before the age of 18 (the legal age to purchase cigarettes
in the state) and an estimated 3,000 minors begin smoking every day
in the United States. There is, therefore, an important health need
to reduce easy access to tobacco products by youths through strict
enforcement of the state law prohibiting sales to minors.
As used in this chapter, the following terms
shall have the meanings indicated:
- MUNICIPAL BUILDING
- All municipal offices, police station, fire stations, schools
and school administration, water treatment plants, Department of Township
Engineering and Public Works, emergency squad building, library, and
any and all facilities owned and/or operated by the Township of Cinnaminson.[Amended 2-4-2009 by Ord. No. 2009-3]
- PURCHASER
- Any individual, partnership, cooperative, association, or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.
- TOBACCO
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other 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 the purchaser for the consumption or use. It shall also mean a person or entity which owns, operates, or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
A.
It shall be unlawful to sell or otherwise provide
tobacco or tobacco products to a person under 18 years of age, which
person shall be considered a minor for purposes of this chapter.
B.
It shall be unlawful for any person to purchase tobacco
products with funds furnished by a minor or with the intent to sell
or give such a product to a minor.
C.
It shall be unlawful to offer for sale or to sell
tobacco products from self-service displays. Tobacco products are
to be stored for sale in such a manner that only a sales clerk has
physical access to same, and said sales clerk shall manually obtain
same upon customer request.
D.
Sign requirements. The following six-inch-by-eight-inch
sign shall be posted in a conspicuous place near each cash register
in all retail establishments in which tobacco products are sold.
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THE SALE OF TOBACCO PRODUCTS TO MINORS 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.
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E.
Identification. It shall be unlawful for a tobacco
retailer to sell or permit to be sold tobacco to any individual without
requesting or examining identification from the purchaser, positively
establishing the purchaser's age as 18 years of age or greater, unless
the seller has some other conclusive basis for determining that the
buyer is over the age of 18 years.
F.
It shall be unlawful for any person under the age
of 18 years to smoke or use a tobacco product in any public place,
or to possess in open view a cigarette or tobacco product, an unopened
cigarette pack, opened carton or other opened container (as evidenced
by a broken seal) holding a tobacco product.
G.
Tobacco-Free/Drug-Free School and Property Zone Map.
(1)
The Drug-Free School and Property Zone Map produced by Remington and Vernick, Municipal Engineer, adopted by Cinnaminson Township Ordinance No. 1989-7, as amended by Cinnaminson Township Ordinance No. 1998-5, as referenced in Chapter 252 of the Township Code, is hereby amended to include "Tobacco-Free School and Property Zone" whereby it shall be unlawful for anyone to sell, give, or permit to be sold or given to, a person under 18 years of age, tobacco in any form within the areas on or within 1,000 feet of such property.
(2)
It shall also be unlawful for a person under 18 years
of age to smoke or use a tobacco product or to possess in open view
a cigarette or tobacco product, an opened cigarette pack, opened carton,
or other opened container (as evidenced by a broken seal) holding
tobacco product in and/or on property as referenced in the Tobacco-Free/Drug-Free
School and Property Zone Map.
H.
It shall be unlawful for a parent, legal guardian,
or other person acting in place of a parent or legal guardian or person
who is responsible for the care and welfare of a minor under the age
of 18 years to allow that minor to possess any cigarettes made of
tobacco or of any other substance which can be smoked, any cigarette
paper or tobacco in any form, including but not limited to smokeless
tobacco.
[Amended 8-17-2015 by Ord. No. 2015-13]
A.
Smoking and the use of other tobacco products shall not be permitted
in any enclosed area of the municipal buildings and grounds in Cinnaminson
Township.
B.
Smoking at the Municipal Complex and public parks.
(1)
Definitions. As used in this section, the following words shall have
the following meaning:
- ENCLOSED AREA
- All areas between the floor and a ceiling, extending to the outer perimeter walls of the structure.
- MUNICIPAL BUILDINGS AND GROUNDS also known as the MUNICIPAL COMPLEX
- Shall include all structures and property owned, leased, rented and/or operated by Cinnaminson Township, and/or occupied by employees and used for official business of Cinnaminson Township. The definition shall specifically include, but shall not be limited to, the municipal building and library on Riverton Road and the Police Station on Manor Road and the Public Works Facility on Union Landing Road as well as parking, grass areas and war memorial which surround said buildings.
- PUBLIC PARK
- Any property owned or maintained by the Township of Cinnaminson for active or passive recreation, including, but not limited to, playgrounds, sports fields, spectator areas and adjacent parking facilities.
- SMOKING
- 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 or similar device.
(2)
Prohibition of smoking in public places and signage.
(a)
Smoking shall be prohibited in all municipal buildings and grounds
and public parks as defined herein. No-smoking signs or the international
no-smoking symbol shall be clearly, sufficiently and conspicuously
posted at each municipal building entrance and within each outdoor
area where smoking is prohibited by this section. The signs shall
be clearly visible to the public and shall contain letters or a symbol
which contrasts the color of the sign, indicating that smoking is
prohibited therein. The sign shall also indicate that violators are
subject to a fine.
(b)
Smoking shall be prohibited with a thirty-five-foot radius of
all municipal buildings. Said radius is a minimum, may be extended
to the property lines and shall not be reduced even during inclement
weather.
(c)
Smoking shall be prohibited in any municipal vehicle registered
to the Township.
(3)
Violation and penalties. Unless another penalty is expressly provided
by New Jersey Statute, every person convicted of a violation of this
section or any supplement thereto shall be subject to a fine of not
less than $250 for a first offense, a fine of not less than $500 for
a second offense within one year; and a fine of not less than $1,000
for a third or subsequent offense within one year. Each and every
smoking event shall be a separate offense.
(4)
This section shall be enforced by the Cinnaminson Township Police
Department, or any other law enforcement agent, the Health Department,
the Township Administrator or his designee and the Code Enforcement
Officer.
(5)
Any citizen or employee may inform any person perceived to be violating
this section of the provisions of this chapter.
A.
Unless otherwise provided by law, a minor charged
under this section as a first offense with the use or purchase of
a tobacco product shall be served with a written warning which shall
inform the minor of subsequent penalties. A copy of said warning shall
be sent to the minor's parents.
B.
Unless otherwise provided by law, statue or ordinance,
as to repeat minor offenders who use, purchase or possess tobacco
products, and as to any adult person violating any of the provisions
contained within this chapter, any person found to be in violation
shall, upon conviction thereof, pay a penalty of not less than $100
or more than $500 for each offense.
C.
Each sale or provision of tobacco to a minor shall
constitute a separate violation.
D.
Each day in which a vending machine is owned or operated,
rented or permitted on a premises, subsequent to the effective date
of this chapter, shall constitute a separate violation.
E.
It shall primarily be the responsibility of the Police
Department to monitor and/or enforce this chapter, which shall do
so through periodic inspections or other legal means.
This chapter shall be upheld and construed for
the protection for the health, safety and welfare of the people of
Cinnaminson Township.
