[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Woodbury Heights 5-15-96 by Ord. No. 4-1996. Amendments noted where applicable.]
- PERSON, FIRM, CORPORATION, OR ASSOCIATION
- As used herein, shall include the following: any person, firm, corporation or association in whose place of business or employment tobacco products are offered for sale, directly or by machine.
- PUBLIC PROPERTY
- All real property owned or leased by the Borough of Woodbury
Heights, improved or unimproved, including buildings, structures,
accessory structures, recreation areas, parks or open space exclusive
only of improved public roadways and adjoining roadway rights-of-way.[Added 2-18-09 by Ord. No. 2-2009]
- TOBACCO PRODUCT
- Any thing, substance or 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.[Amended 2-18-09 by Ord. No. 2-2009]
- TOBACCO VENDING MACHINE
- Any mechanical, electrical or electronic self-service device which, upon insertion of money, tokens or any other form of payments, dispenses tobacco or tobacco products, either exclusively or as one (1) kind of available item.
[Amended 7-19-06 by Ord. No. 10-2006]
It shall be unlawful for any person, firm, corporation or association in the Borough of Woodbury Heights:
To sell or permit to be sold, or offer to sell any tobacco product to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 19 years of age or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 19 years; or
To sell or permit to be sold any tobacco product to a person under 19 years of age.
In view of the indiscriminate sales of tobacco products to minors by automatic vending machines, all tobacco vending machines are hereby prohibited in the Borough of Woodbury Heights. It shall be unlawful for any person, firm, corporation or association to possess a tobacco vending machine or to sell or offer to sell any tobacco product through a tobacco vending machine in the Borough of Woodbury Heights.
[Added 12-18-96 by Ord. No. 20-1996]
It shall be unlawful for any person to maintain self service racks for the display, promotion or sale of any tobacco product within a retail establishment wherein the rack or display is not specifically behind a sales counter and out of the grasp of the public.
Any person, firm, corporation or association violating Section 100A-2 of this chapter shall be subject to a maximum fine of $100 for the first violation, $250 for the second violation, $500 for the third violation, and $1,000 for the fourth or greater violations within a two year period. For purposes of this chapter, the two year period will be considered as the 730 days directly preceding the most recent violation.
Any person, firm, corporation or association owning, operating, renting or permitting the use of or operation of a tobacco vending machine on premises under his or her ownership, control or management shall be subject to a fine of $250 per day per violation. Each day on which such a machine is owned, operated, rented or permitted on the premises shall be deemed a separate violation and shall result in an additional fine.
The Municipal Police Department or any citizen may enforce this chapter by filing a complaint in Municipal Court provided that no citizen may file a complaint prior to 120 days after the date this ordinance takes effect.
[Amended 7-19-2006 by Ord. No. 10-2006]
It shall be unlawful for any person under 19 years of age to smoke or use a tobacco product in any public place, or to possess in open view 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.
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 19)years to allow that minor to possess any 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.
Unless otherwise provided by law, a minor charged under this section as a first offense with the use or purchase of a tobacco product shall be served with a written warning which shall inform the minor of subsequent penalties. A copy of said warning shall be sent to the minor's parents.
As to the repeat minor offenders who use or purchase tobacco products, and as to all other violations under this section, any person found to be in violation, upon conviction thereof, shall pay a penalty of not less than $50 nor more than $500 for each offense.
It shall primarily be the responsibility of the Police Department to monitor and/or enforce this section, which shall do so through periodic inspections or other legal means.
[Added 2-18-09 by Ord. No. 2-2009]
Smoking, use or discard of tobacco or tobacco related products within or upon public property owned or leased by the Borough of Woodbury Heights is prohibited except in areas clearly designated for smoking or use of tobacco products within outside or exterior portions of public property only. Nothing herein contained shall be construed to obligate the borough to provide such designated areas which it may, in its discretion toward the protection of the public health, safety and welfare, decline to so designate or provide. Further, nothing hereinabove shall be construed to permit the smoking, use or discard of tobacco or tobacco related products within buildings, structures or accessory buildings.