[Amended 3-5-2019 by Ord. No.
2019-1; 6-6-2019 by Ord. No. 2019-11]
A. It shall be unlawful to sell or otherwise provide an electronic smoking
device, tobacco or tobacco products to a person under 21 years of
age, which person shall be considered a minor for purposes of this
chapter.
B. It shall be unlawful for any person to purchase an electronic smoking
device, tobacco, or tobacco product:
(1) With funds furnished by a minor; or
(2) With the intent to sell such a product to a minor.
C. Sign requirement. The following six-inch by eight-inch sign shall
be posted in a conspicuous place near such cash register in all retail
establishments which sell tobacco products:
"SALE OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO MINORS
UNDER THE AGE OF 21 OR USE OF SUCH PRODUCTS IN A PUBLIC PLACE BY MINORS
IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who
sells or offers to sell a tobacco product or electronic smoking device
to a person under 21 years of age may be prosecuted in accordance
with the state and Barnegat Township ordinances."
D. Cigarette-free school zones.
(1) The Drug-Free School Zone Map adopted and referenced in Chapter
42 of the Township Code, entitled "Drug-Free School Zone," is hereby amended to include "Cigarette-Free School Zone," whereby it shall be unlawful for anyone to sell, give or permit to be sold or given to a person under 21 years of age tobacco in any form or an electronic smoking device within the area on or within 1,000 feet of such school property.
(2) It shall also be unlawful for a person under 21 years of age to smoke
or use a tobacco product or to possess in open view an electronic
smoking device, a cigarette or tobacco product, an opened cigarette
pack, opened carton or other opened container (as evidenced by a broken
seal) holding a tobacco product in and/or on school property as referenced
in the Cigarette-Free/Drug-Free School Zone Map.
E. It shall be unlawful for a parent, legal guardian or other person
acting in place of a parent or legal guardian or person who is responsible
for the care and welfare of a minor under the age of 21 years to allow
that minor to possess any electronic smoking device, cigarettes made
of tobacco or of any other substance which can be smoked, any cigarette
paper or tobacco in any form, including, but not limited to, smokeless
tobacco.
It shall be unlawful for a tobacco retailer to sell or permit
to be sold any tobacco product to any individual without first requesting
and examining identification from the purchaser positively establishing
the purchaser's age as 18 years or greater, unless the seller
has some other conclusive basis for determining the buyer is over
the age of 18 years.
It shall be unlawful for any person under the age of 18 to smoke
a tobacco product in and/or on any public place, or to possess in
open view, an opened pack, opened carton or other opened container
(as evidenced by a broken seal) holding a tobacco product in any public
place unless in the presence of his/her parent/guardian.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine,
cannabis, or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo,
or pipe.
[Added 3-5-2019 by Ord. No. 2019-1; amended 6-6-2019 by Ord. No. 2019-11]
PUBLIC PLACE
Any building or enclosed structure open to the general public,
and any street, road, sidewalk, walkway, park or open space located
within the Township and maintained for use by the general public.
TOBACCO PRODUCT
Any product made from the tobacco plant or containing tobacco
leaf, for the purpose of smoking, chewing, inhaling or other personal
use, including but not limited to, cigarettes, cigars, pipe tobacco,
chewing tobacco, snuff and dipping tobacco.
TOBACCO VENDING MACHINE
Any mechanical, electrical or electronic self-service device,
which, upon insertions of monies, tokens or any other form of payment,
dispenses tobacco or tobacco products, either exclusively or as one
kind of an available item.