[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 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 persons under
the of 21 through strict enforcement of the state law prohibiting
sales to minors.
[Amended 5-20-2019 by Ord. No. 2019-8]
As used in this chapter, the following terms
shall have the meanings indicated:
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]
Any individual, partnership, cooperative, association, or
corporation, personal or representative, receiver, trustee, assignee
or any other legal entity.
Any product containing, made, or derived from any tobacco,
nicotine, or other chemicals or substances for consumption by a person,
including, but not limited to, cigars, little cigars, cigarillos,
chewing tobacco, pipe tobacco, smoking tobacco and their substitutes,
snuff, liquid nicotine, and cigarettes in any form, including electronic
smoking devices.
[Amended 5-20-2019 by Ord. No. 2019-8]
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.
Any automatic, self-service device which, upon the insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Amended 5-20-2019 by Ord. No. 2019-8]
A.
It shall be unlawful to sell or otherwise provide
tobacco or tobacco products to a person under 21 years of age.
B.
It shall be unlawful for any person to purchase tobacco
products with funds furnished by a person under 21 years of age or
with the intent to sell or give such a product to a person under 21
years of age.
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 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.
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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
21 years of age or greater, unless the seller has some other conclusive
basis for determining that the buyer is over the age of 21 years.
F.
It shall
be unlawful for any person under the age of 21 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 21 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 21 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 person under the age of 21 years to allow
that person under 21 years of age 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)
ENCLOSED AREA
MUNICIPAL BUILDINGS AND GROUNDS also known as the MUNICIPAL
COMPLEX
PUBLIC PARK
SMOKING
Definitions. As used in this section, the following words shall have
the following meaning:
All areas between the floor and a ceiling, extending to the
outer perimeter walls of the structure.
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.
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.
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 state law, a person under
the age of 18 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 said person’s parents.
[Amended 5-20-2019 by Ord. No. 2019-8]
B.
Unless otherwise provided by state law, as to repeat
offenders under the age of 18 who use, purchase or possess tobacco
products, and as to any person 18 years of age or older 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.
[Amended 5-20-2019 by Ord. No. 2019-8]
C.
Each sale or provision of tobacco in violation of
this chapter shall constitute a separate violation.
[Amended 5-20-2019 by Ord. No. 2019-8]
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.
