City of Paterson, NJ 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.

§ 421-2 Smoking prohibited in parks and recreational areas.

No person shall smoke within the boundaries of public parks, playgrounds, ball fields, and similar property that is owned or otherwise possessed by the City of Paterson 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 has been designated with no-smoking signs.

§ 421-3 Signage required.

A sign shall be clearly, sufficiently and conspicuously posted at every property where smoking is prohibited by this article. The sign(s) shall state "Smoke-Free Zone" or "This Public Property is 100% Smoke Free" or substantially similar language, written in lettering that is not less than two inches in height, and shall contain the international no-smoking sign or symbol.

§ 421-4 Enforcement.

This article shall be enforced by the City of Paterson Police Chief, Fire Chief, Health Officer, and/or Director of Public Works and their designees.

§ 421-5 Violations and penalties.

Any person observed to be in violation of the provisions of this article shall be issued a court summons and may be subject, at the discretion of the court, to the following penalties:

A fine of not less than $50 but not exceeding $100 for the first violation.

A fine of not less than $100 but not exceeding $200 for the second violation.

A fine of not less than $200 but not exceeding $500 for the third and subsequent violations.

Article II Sale and Distribution to Persons Under 21 Years of Age

[Adopted 10-27-2015 by Ord. No. 15-078]

§ 421-6 Definitions.

As used in this article, the following words shall have the meaning indicated:

ELECTRONIC SMOKING DEVICE

An electronic device that can be used to deliver nicotine or vapor or smoke or any matter that can be smoked or other substances that can be smoked and that are not FDA-approved tobacco cessation nicotine patches or nicotine chewing gum, including, but not limited to, an electronic cigarette, cigar, cigarillo, pipe, hookah, electronic and vape pen (portable vaporizers/cigarettes) or vaporizers, including but not limited to alcohol vaporizers.

MATTER THAN CAN BE SMOKED

Any substance that can be smoked or vaporized, including but not limited to alcohol or Salvia divinorum, synthetic cannabinoids or items similar to or commonly referred to as "K2" or "spice," shredded plant material that is typically sprayed with a synthetic compound chemically similar to THC (the psychoactive ingredient in marijuana), synthetic cannabis, fake pot, synthetic marijuana, legal weed, herbal incense or potpourri or other smoke blends or spray-on liquids.

NICOTINE

(Natural or synthetic) An addictive chemical which is made by several types of plants, including the tobacco plant, or produced synthetically that has powerful pharmacologic effects (including increased heart rate, heart stroke volume, and oxygen consumption by the heart muscle), as well as powerful psychodynamic effects (such as euphoria, increased alertness, and a sense of relaxation). Nicotine is the primary addictive agent in cigarettes, chewing tobacco, and cigars. Liquid nicotine is commonly used in electronic smoking devices like e-cigarettes, e-hookah and hookah pens.

NICOTINE DELIVERY PRODUCTS

Any product that is designed to deliver tobacco or nicotine or vapor or smoke or any matter that can be smoked, including, but not limited to, electronic nicotine delivery systems, what are commonly known as "e-cigarettes" or e-hookah or hookah pens or other types of electronic smoking devices, or any cartridge or other component of such device, or tobacco and nicotine paraphernalia or related products including but not limited to any substance used in such devices, such as liquids or powders or other forms of tobacco or nicotine, but excluding United States Food and Drug Administration (FDA) tobacco cessation approved nicotine patches and FDA tobacco cessation approved nicotine chewing gum.

PERSON

Any individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

SELF-SERVICE DISPLAY

Implies that a product is directly accessible to the public through, for example, a rack, shelf, or counter-top display.

SMOKING

The burning of, inhaling from, exhaling the smoke or vapor 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 vaporized, or the inhaling or exhaling of smoke or vapor from a smoking device or electronic smoking device, including but not limited to alcohol or other liquid vaporizing (smoking).

SMOKING DEVICE

A device that can be used to deliver tobacco, nicotine, alcohol, or any matter that can be smoked or vaporized, or that are not FDA approved smoking cessation devices, including, but not limited to, any electronic smoking devices, electronic cigarette, cigar, cigarillo, pipe, bongs, hookah, electronic and vape pens (portable vaporizers/cigarettes) or vaporizers, including but not limited to alcohol vaporizers.

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, dip, cigars and cigarettes in any form.

TOBACCO RETAILER

Any person or entity that owns, leases, operates or otherwise exercises control over a store, stand, booth, concession, or place at which the selling, furnishing or giving of tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized, are made to purchasers for consumption or use. The term shall also mean any person or entity that owns, operates, leases or otherwise exercises control over vending machines that dispense tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such devices, and self-service displays of any and all such products.

TOBACCO VENDING MACHINE

Any automated, self-service device which, upon insertion of money, tokens, or other form of payment, or uses a remote control device to operate such machine, that dispenses tobacco, nicotine, electronic smoking devices, and/or nicotine delivery products.

§ 421-7 Sale and distribution to persons under 21 years of age.

Age 21 required to be sold product. No person or tobacco retailer shall sell, furnish or give tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized to anyone under the age of 21 years.

Age 21 signs at point of sale. Tobacco retailers of tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized shall conspicuously post and reasonably maintain signs that are a minimum size of six inches by eight inches at all check-out counters notifying customers that they must be over 21 and proof of age is required to purchase such products.

No self-service sales. No person shall sell tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized in the City of Paterson unless the tobacco retailer, person, owner or employee of the establishment controls the retail sale of such products in a direct, face-to-face exchange between the tobacco retailer and the consumer, with all such products stored behind the counter and out of grasp of the customers.

Self-service displays and vending machines. Self-service displays and vending machines that dispense tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized shall be prohibited in facilities where people under 21 are allowed, including but not limited to people under 21 who are employees, contractors, visitors and patrons.

Entrance signage. Each tobacco retailer shall conspicuously post and reasonably maintain signs that are a minimum size of eight inches by eight inches on all entrances notifying customers they must be over 21 to enter their establishment if the tobacco retailer has self-service displays or vending machines that dispense tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized or mostly sells these products, and not allow persons under age 21 to enter such retail outlets.

Age verification. Any person selling tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized shall verify by means of government-issued photogenic identification containing the bearer's date of birth that nobody purchasing the tobacco or nicotine or nicotine delivery products is younger than 21 years of age. No person shall sell tobacco or nicotine or nicotine delivery products to anyone under 21 years of age who has a note from an adult requesting such sale.

Notice to employees. No tobacco retailer selling tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized allow any employers, managers, employees or persons to sell, furnish, give or distribute such products until:

(1)

The tobacco retailer has provided each such employer, manager, employee or person with this City article; and

(2)

Each such employer, manager, employee or person has read this article in full and signed paperwork that they have read and understand this article; and

(3)

That the tobacco retailer has filed each signed paperwork at the retail location; and

(4)

The tobacco retailer shall also sign paperwork that they have read and understand the laws, and such paperwork shall be retained on file at the retail location.

§ 421-8 Enforcement.

The enforcement authority for this article shall be the Paterson Health and Human Services Director or his or her designee, Health Officer or his/her designee, the Police Department or his/her designee.

The enforcement authority 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.

It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the enforcing authority in his/her enforcement of this article, and the enforcing authority may request the assistance of the Paterson Police Department when necessary to execute his or her official duties in a manner prescribed by law.

Citizens may bring complaints against violators of this article to the Paterson Health and Human Services Director or his or her designee, Health Officer or his/her designee, the Police department or his/her designee.

§ 421-9 Violations and penalties.

A person and/or tobacco retailer who violates the provisions of this article, including any employee of a retail dealer license under P.L. 1948, c.65 (N.J.S.A. 54.40A-1 et seq.) who actually sells or otherwise furnishes either directly or indirectly tobacco, nicotine, nicotine delivery products, smoking devices, electronic smoking devices or any matter that can be smoked to anyone 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 the City of Paterson or before other judicial officer having authority under the laws of the state of New Jersey.

It shall constitute a separate violation for:

(1)

Each direct or indirect sale, furnishing or giving of tobacco, tobacco products, nicotine, smoking devices, electronic smoking devices or nicotine delivery products, or liquids used in any and all such products or devices, or any other matters that can be smoked or vaporized to any anyone under the age of 21;

(2)

Each day the required sign is not posted;

(3)

Each day a self-service display or tobacco vending machine is located in a facility where anyone under 21 years of age is allowed; and

(4)

Each incident of failure to require identification.

In addition to the penalties set forth in § 421-8 above, the Paterson Board of Health may suspend the retail food establishment license of any tobacco retailer or 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. 26:3-31(c).