[Adopted 7-21-2015 by Ord. No. 15-2479]
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.
[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.
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.