[HISTORY: Adopted by the Township Committee of the Township
of Fairfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 14-2 of the 1980 Code; amended in
its entirety 1-20-1998 by Ord.
No. 97-339]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
It shall be unlawful to sell tobacco to a person under 21 years of
age.
B.
Sign requirements. A sign at least six inches by three inches in
bold letters at least 1/4 inch in height shall be posted in a conspicuous
place near each cash register in all retail establishments which sell
tobacco products which shall read as follows: "A person who sells
or offers to sell a tobacco product to a person under 21 years of
age shall pay a penalty of up to $1,000 and may be subject to a license
suspension or revocation. Proof of age may be required for purchase."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold to any individual without requesting and examining identification
from the purchaser positively establishing the purchaser's age
as 21 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 21 years.
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this article shall be removed within
30 days from the effective date of Ord. No. 97-339.[1]
[1]
Editor's Note: Ordinance No. 97-339 was adopted 1-20-1998.
As used in this article, the following terms shall have the
meanings indicated:
The administrative office of the Cumberland County Health
Department, and may be referred to herein as the "Department."[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The administrative officer of the Cumberland County Health
Department and/or his or her authorized representatives.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.[2]
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.
Any person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco are made to purchasers
for consumption or use. Shall also mean a person or entity that owns,
operates or uses a vending machine and/or a vending machine location.
An automated, self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses cigarettes or
other tobacco products.
The room, enclosure, space or area where a tobacco vending
machine is installed or operated.
A.
Whenever the Health Officer, or his/her designee, reasonably believes
there exists a violation of this article, he/she may issue a summons
and complaint no later than 90 days after discovery of the alleged
violation. The complaint shall be written and shall state with reasonable
particularity the nature of the violation, including reference to
the section of this article alleged to have been violated. The complaint
shall be delivered or sent by certified mail to the alleged violator.
B.
The Health Officer, or his/her designees, or any other person charged
with enforcement of this article, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer, or his/her
designees, who may request the assistance of the New Jersey State
Police, or other police agency or peace officer when necessary to
execute his or her official duty in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this article.
A.
If any section, subsection or paragraph of this article is declared
to be unconstitutional, invalid or inoperative, in whole or in part,
by a court of competent jurisdiction, such section, subsection or
paragraph shall, to the extent that it is not unconstitutional, invalid
or inoperative, remain in full force and effect, and no such determination
shall be deemed to invalidate the remaining sections, subsections
or paragraphs of this article.
B.
This article shall be liberally construed for the protection of the
health, safety and welfare of the people of Fairfield Township.
A.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this article shall, upon conviction
thereof, be liable to a civil penalty of not less than $250 for the
first violation, not less than $500 for the second violation, and
$1,000 for the third and each subsequent violation. Complaint shall
be made in the Municipal Court of Fairfield Township or before other
judicial officer having authority under the laws of the State of New
Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Each sale of tobacco to a minor shall constitute a separate violation.
C.
The County Health Department 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 County Health Department to license and regulate food establishments
as provided by N.J.S.A. 26:3-31(c).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Adopted by Ord. No. 457-99 (§ 3-10 of the 1980 Code); amended in its entirety at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Smoking and other uses of tobacco products are hereby prohibited
at any athletic or recreational area owned by the Township of Fairfield.
For the purpose of this section, "athletic or recreational area owned
by the Township of Fairfield" shall mean any athletic or recreational
facility, including but not limited to any playing field, ball field,
bleachers, basketball court, tennis court, soccer field, playground,
swimming pool, or concert site, together with the area within 150
feet thereof, which is owned or operated by the Township of Fairfield.
Any person who violates this article shall be deemed to be contributing
to the maintenance of a public nuisance and shall be:
