[Adopted 6-21-2016 by Ord. No. 2390-2016]
As used in this article, the following terms shall have the
meanings indicated:
ELECTRONIC SMOKING DEVICE PRODUCTS
A.
Any device that can be used to deliver nicotine or other substances
to the person inhaling from the device, including but not limited
to, an electronic cigarette, cigar, cigarillo, or pipe or any cartridge
or other component of the device or related product; and
B.
Any substances used in such devices, such as liquids, powders,
gels or waxes or other forms of tobacco, but excluding United States
Food and Drug Administration approved smoking cessation products such
as nicotine patches or nicotine chewing gum.
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, and cigarettes in any form,
including electronic smoking device products.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or electronic smoking
device 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 or electronic smoking device products.
TOBACCO VENDING MACHINE LOCATION
The room, enclosure, space or area where a vending machine
dispensing tobacco or electronic smoking device products is installed
and operated.
This article shall be liberally construed for the protections
of the health, safety and welfare of the people of the Borough of
Fair Lawn.
[Adopted 7-23-2002 by Ord. No. 1918-2002]
As used in this article, the following terms
shall have the meanings indicated:
PROHIBITED AREA
Any motor vehicle, street, road, sidewalk, walkway, park
or open space located within the Borough and which is within 1,000
feet of any school property used for school purposes.
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, and cigarettes in any form.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
It shall be unlawful for any person under the age of 21 years
to smoke or use a tobacco product or electronic smoking device product
in or on any prohibited area or to possess in open view an opened
pack, opened container holding a tobacco product or electronic smoking
device products in any prohibited area.
[Amended 9-3-2002 by Ord. No. 1925-2002; 10-24-2006 by Ord. No. 2063-2006; 6-14-2011 by Ord. No. 2215-2011; 6-21-2016 by Ord. No. 2390-2016]
A violation by a person under the age of 21
years of this article shall be subject to the following penalties
and enforcement:
A. First offense: a fine of not less than $25 nor more
than $50.
B. Second offense: a fine of not less than $25 nor more
than $50 and a period of community service not to exceed a total of
four hours, in the discretion of the court.
C. Third and fourth offenses: a fine of not less than
$50 nor more than $100 and a period of community service not to exceed
eight hours, in the discretion of the court.
D. Fifth offense and subsequent offenses: a fine of not
less than $200 and a period of community service not to exceed a total
of eight hours, in the discretion of the court.
[Amended 10-24-2006 by Ord. No. 2063-2006; 6-21-2016 by Ord. No. 2390-2016]
In addition to enforcement by any law enforcement
officer, any citizen may file a complaint against any person under
the age of 21 years who violates this article on a form provided by
the Department of Police.