[HISTORY: Adopted by the Board of Health
of the Borough of Montvale 5-1-1995 by Ord. No. 95-1 (Ch. 94 of the 1966 Code).
Amendments noted where applicable.]
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
A.
It shall be unlawful
to sell tobacco/cigarettes to a person under 21 years of age.
B.
Sign requirements.
The following six-inch-by-eight-inch regulation sign shall be posted
in a conspicuous place near each cash register in all retail establishments
which sell tobacco products: "SALE OF TOBACCO PRODUCTS TO MINORS UNDER
THE AGE OF 21 IS PROHIBITED BY LAW. Legal proof of age must be shown.
A person who sells or offers to sell a tobacco product to a person
under 21 years of age may be prosecuted in accordance with state and
local ordinance."
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
It shall be unlawful for a tobacco/cigarette
retailer to sell or permit to be sold tobacco/cigarettes 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.
It shall be unlawful to offer for sale or to
sell tobacco/cigarettes through a tobacco/cigarette vending machine
or from a freestanding or attached display of tobacco/cigarettes in
the Borough of Montvale.
All tobacco/cigarette machines made unlawful
by the terms of this article shall be removed within 30 days from
the effective date of this article.
As used in this article, the following terms
shall have the meanings indicated:
The Board of Health of Montvale.
Any display promotion of tobacco/cigarette products in any
area of an establishment not specifically behind a sales counter and
within the grasp of the public so as to be self-service.
The administrative officer of the Montvale Board of Health
and/or his or her authorized representatives.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
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; also, a person or entity that owns, operates
or uses a vending machine and/or vending machine location.
Any automated, self-service device which, upon insertion
of money, tokens or any form of payment, dispenses cigarettes or other
tobacco products in any form.
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 not 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
by the police or sent by certified mail to the alleged violator.
B.
The Health Officer
or his/her designee 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 designee who may request the
assistance of the Montvale Police Department 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 through the Health Department
or Police Department.
A.
If any chapter,
section, subsection or paragraph of this article is declared to be
unconstitutional, invalid or inoperative, in a court of competent
jurisdiction, such chapter, 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 chapters, 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 the Borough of Montvale.
A.
Unless otherwise
provided by law, statute or ordinance, any person violating any of
the provisions of this article shall, upon conviction thereof, pay
a fine of $250 for a first offense, $400 for a second offense and
$500 for a third and each consecutive offense. Complaint shall be
made in the Municipal Court of the Borough of Montvale or before such
other judicial officer having authority under the laws of the State
of New Jersey.
B.
Defendants may,
after reading and understanding the penalties, plead guilty to the
charges and, after signing an affidavit, may pay the appropriate fine
to the Clerk of the Court in lieu of a court appearance.
C.
Each sale of tobacco/cigarettes
to a minor shall constitute a separate violation.
D.
The Board of Health
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
in addition to a fine pursuant to the authority of the Board of Health
to license and regulate food establishments as provided by N.J.S.A.
26:3-31c.
[Added 9-8-2014 by Ord. No. 2014-01]
A.
Smoking has been identified as
a significant and preventable health hazard as a probable addictive
practice with serious consequences, especially for minors. The State
of New Jersey has banned the sale or furnishing of cigarettes or tobacco
in any form to minors and persons under the age of 21 pursuant to
N.J.S.A. 2A:170-51.4.
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
B.
A substantial and legitimate public
purpose exists for the Borough of Montvale to act to further promote
and protect the health, safety and welfare of its inhabitants, especially
minors, by forbidding the use and possession of tobacco, electronic
cigarettes and other tobacco alternatives by such individuals.
C.
It is the intent of this article
to codify existing restrictions on the use of tobacco products on
public and school property, as well as to update these restrictions
to reflect state laws and policies and to expand the restrictions
to e-cigarettes and other tobacco alternatives.
D.
This article is intended to be
consistent with and supplement the restrictions set forth in N.J.S.A.
2A:170-51.1 et seq. It is intended that the restrictions in this article
be interpreted as broadly as possible so as to effectuate the purposes
of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any public park, sports field, or similar areas, including
adjacent parking lots and other facilities, owned or controlled by
the Borough of Montvale.
[Added 12-1-2014 by Ord. No. 2014-02]
Any building or enclosed structure open to the public, and
any street, road, sidewalk, walkway, park, school property or open
space located within the Borough of Montvale and which is open to
the public, which term shall include school property.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling, or other personal use, including, but
not limited to, cigars, chewing tobacco, snuff and cigarettes in any
form. For purposes of this article, the term shall also be deemed
to include electronic cigarettes, personal vaporizers, electronic
nicotine delivery systems and other similar products.
[Amended 12-1-2014 by Ord. No. 2014-02]
A.
It shall be unlawful for any
person under the age of 21 years to smoke or use a tobacco product
in or on any public place, or to possess in open or unopened view,
an opened pack, open carton, or other open container holding a tobacco
product in any public place. In all offenses, the tobacco product
will be confiscated. This article shall not apply to a person under
the age of 21 smoking or using tobacco products in a nonpublic place
which constitutes the residence of the minor and his/her parent(s)
or guardian(s).
[Amended at time of adoption of Code by the Board of Health
(see Ch. 405, General Provisions, Board of Health, Art. I)]
B.
It shall be unlawful for any
person to smoke or use a tobacco product in or on any public park
in the Borough of Montvale.
[Amended 12-1-2014 by Ord. No. 2014-02]
A.
First offense.
(1)
Verbal warning to offender
by the officer observing the violation. The officer will take the
offender's name, address, telephone number, and name and address of
parent(s) or guardian(s). The information will be placed on a juvenile
incident report and kept by the Police Department as is policy with
any juvenile action.
(2)
Unless there are other violations
outstanding, or the offender is uncooperative, he/she will not be
taken to police headquarters for a first violation. The information
from the juvenile incident report will be transmitted to the juvenile
officer, who will file it and advise the parent(s) or guardian(s)
of the incident and the information contained on the report.
B.
Second offense.
(1)
Observing officer will take
offender's name, age, address, telephone number, parent(s) or guardian(s)
name and address and document same in a juvenile incident report.
The report will also contain the date and place of the offense. A
juvenile officer shall conduct a station-house adjustment with the
offender and the offender's parent(s) or guardian(s). The station-house
adjustment shall involve a discussion of the third phase of enforcement
and distribution of anti-tobacco literature. Unless there are extenuating
circumstances, the officer does not have to take the offender into
custody.
C.
Third offense.
(1)
The information described
above for juvenile incident report will be verified and given to the
juvenile officer. The report will also contain the date and place
of the offense. The juvenile officer will refer the offender to a
two-hour education program at Hackensack University Medical Center
or an equivalent program. Attendance is required in the form of a
signed certificate or a letter by the sponsoring agency. The offender
shall pay all costs incurred. Unless there are extenuating circumstances,
the officer does not have to take the offender into custody.
D.
Fourth offense.
(1)
The information described
above for juvenile incident report will be verified and given to the
juvenile officer. The report will also contain the date and place
of the offense. The juvenile officer will refer the offender to a
six-session smoke stop program offered at Hackensack University Medical
Center or equivalent program. Any costs incurred 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.
E.
Fifth offense.
(1)
A juvenile complaint will
be issued to the offender for appearance in Juvenile Court or Municipal
Court.
F.
Failure to comply. In the event
the offender does not comply with any of these requirements set forth
in the first, second, third or fourth offenses, a juvenile complaint
will be issued to the offender for the initial and subsequent violations.
A penalty of $100 for the fifth offense, $200 for the sixth offense,
and $300 for the seventh and any subsequent offense shall be imposed.
G.
If it has been more than two
years since the most recent prior offense, all prior offenses shall
be deemed null and void for purposes of this article.
[Added by the Board of Health 12-1-2014 by Ord. No. 2014-02; amended at time of adoption of Code (see Ch. 405, General Provisions,
Board of Health, Art. I)]
Any person who is using a tobacco product in violation of this
article shall be ordered to comply with the provisions of this article.
After being so ordered, a person found to be in violation of this
article shall be subject to penalties as follows:
The Police Department of the Borough of Montvale is authorized
and empowered to enforce the provisions of this article.
