[Adopted 8-12-1997 by Ord. No. 2611]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC VAPOR DEVICE
Any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates tobacco products, shisha, herbs, or any other product that produces smoke.
[Added 8-8-2018 by Ord. No. 3655]
ELECTRONIC/VAPOR INHALATION SUBSTANCE PRODUCTS
Any cartridges, cartomizers, e-liquid, smoke juice, tanks, tips, atomizers, vaporizers, electronic smoking device batteries, electronic smoking device chargers and any other item specifically designed for the preparation, charging, or use of electronic vapor devices.
[Added 8-8-2018 by Ord. No. 3655]
NONPUBLIC PLACE
Any place that is not a public place.
PUBLIC PLACE
Any building or enclosed structure, open to the public and any street, road, sidewalk, walkway, park or open space located within the Village and which is open to the public.
TOBACCO and TOBACCO PRODUCTS
[Amended 8-8-2018 by Ord. No. 3655]
A. 
Any product containing tobacco leaf including, but limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco;
B. 
Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the exception that the product or matter will be introduced into the human lungs or mouth in smoke or vapor form, using any tobacco paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependency.
[Amended 8-8-2018 by Ord. No. 3655]
A. 
It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product, electronic vapor device or electronic/vapor inhalation substance product in or on any public place or nonpublic place or to possess in open view an opened pack, opened carton, opened box or other opened container used for holding or packaging those items in any public or nonpublic place.
B. 
This article shall not apply to a minor smoking or using any such item described in Subsection A above in a nonpublic place which constitutes the residence of the minor and/or the residence of his or her parent or parents or guardian.
A. 
A violation by a minor of this article shall be enforced as follows:
(1) 
First offense.
(a) 
A verbal warning will be given to the offender by the officer observing the violation. The officer will take the offender's name, age, address, telephone number and name and address of parents or guardians. The information will be placed on a juvenile record card maintained at the Department of Police, which said card shall also contain the date and place of the offense.
(b) 
Unless there are other violations outstanding or the offender is uncooperative, he or she will not be taken to Police headquarters for a first violation. The information from the juvenile record card will be transmitted to the Detective Bureau Commander who will file it and advise the parent or guardian of the incident and information contained on the card.
(2) 
Second offense. The officer observing the violation will take the offender's name, age, address, telephone number, parent's or guardian's name and address (the information will be placed on a juvenile record card). The card will also contain the date and place of the offense. The Detective Bureau Commander will arrange a station house adjustment with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the third phase of enforcement, and antitobacco use literature will be provided. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
(3) 
Third offense.
(a) 
The information described above for the juvenile record card will be verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will be a referral to a two-hour education program currently conducted by the Valley Hospital Community Education Department. In the event that such program is not available, the Bureau Commander will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
(b) 
If a period of two years or more passes after the commission of the third offense, the next offense will not be considered a fourth offense, but the procedure for a third offense will be repeated.
(4) 
Fourth offense. The information on the juvenile record card will be implemented and verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will include a referral to a six-session smoke stop program offered by the Community Education Program at Valley Hospital, or equivalent. Any costs involved for these programs shall be paid by the offender. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
(5) 
Fifth offense. A juvenile complaint will be issued to the offender for appearance in Juvenile Court or Municipal Court.
B. 
In the event that the offender does not comply with any of the requirements set forth in first, second, third or fourth offenses, a juvenile complaint will be issued to the offender for the initial and any subsequent violations.
This article is intended to implement N.J.S.A. 2A:170-51 et seq.[1] and Ordinance No. 2538[2] of the Village of Ridgewood.
[1]
Editor's Note: N.J.S.A. 2A:170-51 was repealed by P.L. 1999, c. 90. See now N.J.S.A. 2C:33-13.1.
[2]
Editor's Note: Ordinance No. 2538 is included as Art. I, Tobacco Sales to Minors; Vending Machines, of this chapter.