[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.]
Drug-Free and Drunk-Driving-Free Zones — See Ch. 252.
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.
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]
- Any individual, partnership, cooperative, association, or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.
- 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.
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.
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.
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.
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.
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.
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.
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.
Tobacco-Free/Drug-Free School and Property Zone Map.
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.
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.
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]
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.
Smoking at the Municipal Complex and public parks.
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.
- 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.
Prohibition of smoking in public places and signage.
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.
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.
Smoking shall be prohibited in any municipal vehicle registered to the Township.
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.
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.
Any citizen or employee may inform any person perceived to be violating this section of the provisions of this chapter.
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.
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.
Each sale or provision of tobacco to a minor shall constitute a separate violation.
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.
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.