[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 10-15-2018 by Ord. No. 2018-15. Amendments noted where applicable.]
The purpose of this chapter is to prohibit smoking within public and/or municipal buildings and on properties owned or controlled by the Borough of Palmyra ("Borough") and/or the Palmyra School District ("School District"), and in Borough and School District vehicles, in order to protect the health, safety and welfare of employees, residents, and visitors. This is a result of numerous determinations that the effect of tobacco smoke is detrimental to an individual's health.
As used in this chapter, the following items shall have the meanings indicated.
- ELECTRONIC SMOKING DEVICE
- An electronic smoking device that can be used to deliver nicotine, cannabis, vapor, or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, pipe or personal vaporizer.
- MUNICIPAL BUILDING
- All municipal offices, police stations, fire stations, schools and school administration, wastewater treatment plants, Department of Public Works and any and all facilities, parks and playgrounds owned and/or operated by the Borough or School District.
- Any individual, partnership, cooperative, association or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.
- The burning of a lighted cigar, cigarette, pipe, hookah pipe, personal vaporizer, or any other matter of substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- TOBACCO RETAILER
- Any person or entity who or which operates a store, stand, booth, concession or place at which sales of tobacco are made to the purchaser for consumption or use. It shall also mean a person or entity who or which owns, operates or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
On any property owned or leased by the Borough, or within any vehicle owned or leased by the Borough, smoking and the use of electronic smoking devices are expressly prohibited. This prohibition specifically extends to Borough Hall, the Sewer Plant, the Public Works facility, the Legion Field Athletic Complex, the Ethel B. Hardy Park, the Band Shell, the War Memorial, the Promenade Park, and the Community Center and any other Borough-owned or -leased property. This prohibition extend within the entire boundaries of each Borough-owned or -leased property. Also, on any property owned or leased by the School District, or within any vehicle owned or leased by the School District, smoking and the use of electronic smoking devices are expressly prohibited. This prohibition specifically extends to Palmyra High School, Charles Street School, Delaware Avenue School, the High School Stadium Complex, and any other School District-owned or -leased property. This prohibition extends within the entire boundaries of each School District-owned or -leased property.
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.
It shall be unlawful for any person to purchase an electronic smoking device or tobacco products with funds furnished by a minor or with the intent to sell or give such a product to a minor.
It shall be unlawful to offer for sale or to sell an electronic smoking device or tobacco products from a self-service display. Tobacco products are to be stored for sale in such a manner that only a sales clerk has physical access to the same, and said sales clerk shall manually obtain the same upon customer request.
Sign requirements. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments in which tobacco products are sold: "THE 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 18 years of age may be prosecuted in accordance with state and local ordinances.
It shall be unlawful for any person under 21 years of age to possess in open view a cigarette or tobacco product, an electronic smoking device, an opened cigarette pack, open carton or other opened container (as evidenced by a broken seal) holding a tobacco product.
Any person who violates any one or more sections of this article shall be subject to a fine of not more than $500 for each separate offense and/or confinement in the Burlington County Jail for a period of not more than 30 days.