[HISTORY: Adopted by the Township Committee of the Township of Union as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-15-1975 by Ord. No. 2980 (Ch. 450, Art. I, of the 2004 Code)]
A. 
Word usage. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
Terms defined. As used in this article, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
The Fire Prevention Officer of the Fire Department of the Township of Union.
FIRE INSPECTOR
A member of the Bureau of Fire Prevention of the Township of Union.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
TOWNSHIP
The Township of Union.
TOWNSHIP COMMITTEE
The Township Committee of the Township of Union.
No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device not specifically authorized for use in such place by the Chief of the Bureau of Fire Prevention in any of the following places:
A. 
Retail stores.
(1) 
All retail stores.
(2) 
Exception for approved areas. The prohibition of Subsection A(1) above shall not apply to smoking in rest rooms, restaurants, executive offices or beauty parlor and barbershops in retail stores when specifically approved by the Chief of the Bureau of Fire Prevention, by written order to the person having control of the premises, upon a finding that such use therein is not dangerous to life or property.
B. 
Elevators. Elevators, regardless of capacity, in any public place.
C. 
Beds.
(1) 
In beds in hospitals, hotels, dormitories, nursing homes and rooming- and lodging houses.
(2) 
Placarding required. A printed notice advising the occupant of the effect of Subsection C above shall be posted in a conspicuous place in every sleeping room of the buildings enumerated in Subsection C(1) above.
D. 
Public theaters.
(1) 
During a performance in public theaters, motion-picture houses or other auditoria used for such purposes.
(2) 
Exception for approved areas. The prohibition of Subsection D(1) above shall not apply to smoking rooms and areas and rest rooms when specifically approved by the Chief of the Bureau of Fire Prevention, by written order to the person having control of the premises, upon a finding that such use therein is not dangerous to life or property.
E. 
Public conveyances. Buses and other public conveyances, except taxicabs.
F. 
Dance floors. Dance floors of any tavern, restaurant, nightclub, social club, dance hall or other public place offering facilities for dancing.
G. 
Other prohibited areas. Areas where conditions are such as to make smoking a hazard in any areas of warehouses, stores, places of assembly, industrial plants, institutions, schools, where flammable liquids are stored, dispensed or used or in open spaces where combustible materials are stored or handled.
It shall be unlawful for any person, or his agent, having control of any premises or place to knowingly permit a violation of this article.
The Chief of the Bureau of Fire Prevention shall have the authority to order "no smoking" signs erected in any place as prescribed by this article, where, in his opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match or any use of any spark, flame or fire-producing device, not specifically authorized for use in such place, would constitute a menace to life or property.
Every person, or his agent, having control of premises upon which smoking or the carrying of lighted objects is prohibited by or under the authority of this article shall conspicuously display upon the premises a sign reading "No smoking."
No person shall smoke in any properly placarded place nor remove any placard required to be erected by or under the authority of this article.
[Amended 10-28-1986 by Ord. No. 3879; 12-13-1988 by Ord. No. 3998]
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.
[Adopted 12-14-1993 by Ord. No. 4283 (Ch. 450, Art. II, of the 2004 Code)]
No cigarette vending machine shall be placed on any premises, public or private, within the Township unless the owner or lessee of such a machine provides, in writing, to the Township for each individual cigarette vending machine the names and business addresses of a person or persons who shall serve as attendant and deputy attendant for that machine. More than one attendant and/or deputy attendant may be appointed in reference to a single cigarette vending machine, provided that the owner or lessee states the time periods when each of two or more attendants and/or deputy attendants for a single cigarette vending machine shall be the attendant or deputy attendant on duty and thus responsible for compliance with this article.
The attendant and, in his stead, the deputy attendant shall be responsible for the penalties and fees which may, upon conviction, be imposed for violations of this Article II. Nothing in this article shall prohibit the employer of an attendant from paying penalties imposed under this article, but payment by the employer shall not be required.
The attendant shall:
A. 
Be at least 18 years of age or more, as certified by the Township Health Officer by birth certificate or driver's license only.
B. 
Be responsible for placing and maintaining the cigarette vending machine at a site not more than 50 feet from his normal place of transacting business, which shall include but not be limited to a cash register, checkout counter, bar or place for the consumption or sale of liquor, desk, office, bathroom or lounge area.
C. 
Have a clear unobstructed line of sight between his normal place of transacting business and the location of the cigarette vending machine.
D. 
Be responsible to make those cigarette vending machines for which he is responsible inoperable during any time when the public has access to said machines but for any reason the attendant or deputy attendants are not available to attend the machines.
E. 
Be an employee or agent of the firm, corporation, partnership or entity having possessory interest, including but not limited to leaseholds, in the premises where the cigarette vending machine is located.
F. 
Be deemed to be in violation of this article if he permits a person who is 21 years of age or less to purchase a product from a cigarette vending machines.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended 10-26-2004 by Ord. No. 4842; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punished by a fine of not more than $2,000, imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, and each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.