[Added 7-14-2014 by Ord. No. 2014-7]
Whenever used in this Article, unless the context or subject matter otherwise requires:
DEXTROMETHORPHAN OR DXM
Dextrorotatory isomer of methoxynmethylmorphinan and its salts.
MINOR
Any person under 18 years of age.
OVER-THE-COUNTER COLD MEDICATION OR COUGH SUPPRESSANT
Cold medication or cough suppressant other than cold medication or cough suppressant which is dispensed upon the prescription of a physician or other person legally authorized to issue such prescription.
It shall be a violation of this Article for any merchant or other person to sell or cause to be sold any over-the-counter cold medication or cough suppressant that contains dextromethorphan to a minor.
For the first violation of the provision of this Article, a notice of violation shall be issued to the offending party. For the second and succeeding violations, a civil penalty not exceeding $150 shall be imposed for each single violation. No civil penalty shall be imposed as provided for herein unless the alleged violator has received notice of the charge against him or her and has had an opportunity to be heard.
This Article shall be null and void on the day that federal or statewide legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this Article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations pre-empting such action by the Borough of Neptune City. The Borough of Neptune City may determine via mere resolution whether or not identical or substantially similar federal or statewide legislation, or pertinent pre-empting state or federal regulations have been enacted for purposes of triggering the provisions of this Article.
If any clause, sentence, paragraph, or section of this Article shall be held invalid by any court of competent jurisdiction, or the application of this Article to any person or set of circumstances shall be held invalid, such invalidity or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or operation of this Article directly involved in the controversy in which the judgment shall have been rendered. To further this end, the provisions of this Article are hereby declared to be severable.