[HISTORY: Adopted by the Township Committee of the Township
of Wyckoff as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-2-2015 by Ord. No. 1784[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 84, but was
renumbered to maintain the organization of the Code.
As used in this article, the following terms shall have the
meanings indicated:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
MUNICIPAL BUILDINGS
All structures owned, leased, rented, and/or operated by
the Township of Wyckoff, and/or occupied by Township employees and
used for official business of the Township of Wyckoff.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, including, but
not limited to, any substances used in such devices, such as liquids
or powders or other forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
All public parks, playgrounds, and ball fields publicly owned
or leased by the Township of Wyckoff and all property owned or leased
by the Township of Wyckoff upon which the public is invited or upon
which the public is permitted and where individuals gather for recreational
activities, including all areas adjacent to such facilities, including,
but not limited to, any parking area, driveway, or drive aisle.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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.
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.
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates, or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The room, enclosure, space, or area where a tobacco vending
machine is installed and operated.
A.
No person
shall sell tobacco or nicotine delivery products in the Township of
Wyckoff unless an employee of the establishment controls the sale
of such products. 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 and vending machines of tobacco
or nicotine delivery products shall be prohibited.
B.
No person
shall sell, distribute, or give 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.
C.
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 checkout counters notifying
customers that proof of age is required to purchase tobacco or nicotine
delivery products.
D.
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 clerk shall sell tobacco
or nicotine delivery products to a person less than 21 years of age
who has a note or any form of communication from any person, including
an adult.
E.
No person
or tobacco retailer selling tobacco or nicotine delivery products
shall allow an employee to sell or distribute such products until
the employee has read the Wyckoff Township ordinances and state laws
pertaining to the sale or distribution of tobacco and nicotine delivery
products and the business owner or manager has signed a statement
that the employee has read such ordinances and state laws. Such form
statement will be supplied by the Township of Wyckoff, and the signed
original statement shall be filed with the Township of Wyckoff, and
a copy shall be kept on file by the tobacco retailer and made available
for review by the Township of Wyckoff.
A.
Smoking
shall be prohibited in all municipal buildings as defined herein.
No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently, and conspicuously posted at the municipal
building. The sign shall be clearly visible to the public and shall
contain letters or a symbol which contrasts in color with 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 in all public parks and recreational facilities
owned or leased by the Township of Wyckoff and all property owned
or leased by the Township of Wyckoff upon which the public is invited
or upon which the public is permitted and where individuals gather
for recreational activities, including all areas adjacent to such
facilities, including, but not limited to, any parking area, driveway,
or drive aisle, which have been designated with no-smoking signs.
No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently, and conspicuously posted at all parks and
facilities regulated by this article. The signs shall be clearly visible
to the public and shall contain letters or a symbol which contrasts
in color with the sign, indicating that smoking is prohibited at the
designated area. The sign shall also indicate that violators are subject
to a fine.
C.
Smoking
shall be prohibited in any vehicle registered to the Township of Wyckoff.
The enforcement authority of this article shall be the Police
Department and Health Department of the Township of Wyckoff.
Any person who violates any provision of this article shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense, and $1,000 for each subsequent offense.
