[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-2015 by Ord. No. 15-2479]
A. 
No person shall sell tobacco in the Borough of Bergenfield unless an employee of the establishment controls the sale of such products. A person may only sell tobacco in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines of tobacco shall be prohibited.
B. 
No person shall sell, distribute or give tobacco to any person under the age of 21 unless on active duty with the military.
C. 
Tobacco retailers shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where tobacco is displayed and at all checkout counters notifying customers that proof of age is required to purchase tobacco.
D. 
Any person selling tobacco shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco is younger than 21 years of age. No such verification is required for any person over the age of 21. No clerk shall sell tobacco to a person less than 21 years of age who has a note or any form of communication from any person, including an adult, unless on active duty with the military.
E. 
No person or tobacco retailer selling tobacco shall allow an employee to sell or distribute such products until the employee has read the Borough of Bergenfield's ordinances and state laws pertaining to the sale or distribution of tobacco and has signed a statement that the employee has read such ordinances and state laws. Such form statement will be supplied by the Borough, and a 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.
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
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, cigarettes in any form, electronic smoking devices, including nicotine cartridges and containers and all other vapor products.
[Amended 11-7-2019 by Ord. No. 19-2558]
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco 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.
TOBACCO VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or other form of payment, dispenses cigarettes or other tobacco products.
TOBACCO VENDING MACHINE LOCATION
The room, enclosure, space or area where a tobacco vending machine is installed and operated.
A. 
The enforcement authority for this article shall be the Bergenfield Health Officer or his/her designee.
B. 
The Health Officer may, after giving proper identification, inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary to execute his or her official duties in a manner prescribed by law.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer in his enforcement of this article, and the Health Officer may request the assistance of the Bergenfield Police Department or other police agency or peace officer when necessary to execute his or her official duties in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.
A. 
A person who violates the provisions of this article, including any employee of a retail dealer licensee under P.L. 1948, c. 65 (N.J.S.A. 54:40A-1 et seq.), who actually sells or otherwise provides tobacco products to a person under 21 years of age, shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. Complaint shall be made in the municipal court of Bergenfield or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco to any person under the age of 21 shall constitute a separate violation.
C. 
In addition to the penalties set forth in Subsection A above, the Bergenfield Board of Health may suspend the retail food establishment license of any person convicted of violation of this article, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31c.
[Adopted 8-17-2021 by Ord. No. 21-2584]
As used in this article, the following words shall have the following meanings:
ENCLOSED AREA
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 Borough of Bergenfield, and/or occupied by Borough employees and used for official business of the Borough of Bergenfield.
PARKS AND RECREATIONAL FACILITIES
All public parks, playgrounds and ball fields publicly owned or leased by the Borough of Bergenfield and all property owned or leased by the Borough of Bergenfield upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities.
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.
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 each municipal building entrance and within each closed area where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast 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 within a twenty-foot radius of the front entrance of all municipal buildings. 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 both on the building and at the twenty-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
C. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Borough of Bergenfield and all property owned or leased by the Borough of Bergenfield upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities. 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 in all areas 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.
D. 
Smoking shall be prohibited in any vehicle registered to the Borough of Bergenfield.
The enforcement authority of this article shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Borough of Bergenfield.
Any person who violates any provision of this article shall be subject to a fine of not less than $100 for the first offense, $250 for the second offense and $500 for each subsequent offense. Any municipal employee found in violation of this article may also be subject to discipline in accordance with the provisions of the Borough of Bergenfield's policies and procedures.