[HISTORY: Adopted by the Township of Washington (now Township of Robbinsville) as indicated in article histories. Amendments noted where applicable.]
Article I Smoking in Public Places
Article II Sale and Use of Tobacco Products
[Adopted 12-31-2001 by Ord. No. 2001-37 as § 3-12 of the 2001 Code]
The governing body does hereby determine that the smoking of tobacco in any form is harmful to the public health and welfare and constitutes a fire hazard and nuisance in public buildings and meeting rooms in the Township and requires the prohibition thereof.
No person shall smoke or carry a lighted cigar, cigarette, or pipe or use any match, spark, flame, or fire-producing device for the purpose of lighting any cigar, cigarette, or pipe in any building owned, operated, or otherwise under the control of the Township or any of its agencies, departments or commissions, which is open to the public for meetings or events, or in conjunction with the conduct of Township-related business, provided a "Smoking Prohibited By Law" sign has been posted conspicuously therein.
Every person having control of any premises upon which smoking is prohibited by this article shall conspicuously display, upon the premises or portion of the premises concerned, sufficient signs reading "Smoking Prohibited by Law."
No person shall remove, deface or conceal any placard required or erected by or under the authority of this article.
[Adopted by Ord. No. 96-7 (§ 3-13 of the 2001 Code)]
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines; and the state of New Jersey has banned the sale or furnishing of cigarettes or tobacco, in any form, to minors under the provisions of N.J.S.A. 2A:170-51. The governing body is unable to prevent the sale of cigarettes to minors by vending machines, and no penalty has been imposed by state law upon minors for the purchase of cigarettes.
The governing body is authorized to enact ordinances not contrary to the laws of this state, or of the United States, as it may deem necessary and proper for the protection of persons and for the preservation of the public health, safety, and welfare of the municipality and its inhabitants.
All vending machines dispensing cigarettes and/or tobacco products are hereby prohibited in the Township of Robbinsville, except those located in bars, taverns or liquor stores, but no such vending machines shall be permitted in the lobby, vestibule or foyer area of a tavern, bar or liquor store where it would be accessible to minors.
Self-service tobacco displays, that is, any racks, stands, or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer, are prohibited.
Penalty. Any person owning, operating, renting, or permitting the use of a cigarette and/or tobacco product vending machine on premises under his control, other than a bar, tavern or liquor store, or allowing self-service display shall be subject to the penalties provided in Chapter 1, Article II, General Penalty.
Penalty. Any minor guilty of public smoking and/or the use of tobacco products will be subject to a fine of up to $50 and/or community service as determined by the court.