The Board of Health hereby finds and determines as follows:
A. 
The Surgeon General of the United States has previously called for a ban on the sale of cigarettes from vending machines.
B. 
The State of New Jersey has banned the sale or furnishing of cigarettes or tobacco in any form to minors, pursuant to N.J.S.A. 2A:170-51.
C. 
The Board of Health is presently unable to prevent the sale of cigarettes or tobacco in any form to minors from vending machines and no penalty has been imposed by State statute upon minors for the purchase of cigarettes.
D. 
By virtue of the powers granted to it by N.J.S.A. 26:3-1 et seq., the Board of Health is authorized to enact ordinances consistent with the laws of this State as it may deem necessary and proper for the protection of persons and for the preservation of the public health of the Borough and its inhabitants.
A. 
In view of the indiscriminate sales of cigarettes to minors, via automatic vending machines, all vending machines for cigarettes or tobacco in any form are hereby prohibited in the Borough of Hightstown.
B. 
Any person owning, operating, renting or permitting the use of a machine for vending cigarettes or tobacco in any form on premises under his or her control shall immediately terminate the use of such machine and shall, within 20 days after the effective date of this chapter, remove, or cause to be removed, any such machine from the Borough.