[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 3-25-1996 by Ord. No. 4-96. Amendments noted where applicable.]
It shall be unlawful to offer for sale or to sell tobacco/cigarettes through a tobacco/cigarette vending machine or from a self-service freestanding or attached display container of tobacco/cigarettes in the Borough of Madison.
All tobacco/cigarette machines and self-service freestanding or attached display containers made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Board of Health of the Borough of Madison.
- HEALTH OFFICER
- The Health Officer of the Madison Board of Health.
- An individual, partnership, corporation, personal representative, receiver, trustee or any other legal entity.
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- VENDING MACHINE
- Any automated, self-service device upon which, upon insertion of money, tokens or any form of payment, dispenses cigarettes or other tobacco products in any form.
- SELF-SERVICE FREESTANDING OR ATTACHED TOBACCO/CIGARETTE DISPLAY CONTAINER
- Any promotion of tobacco/cigarette products in any area of an establishment not specifically behind a sales counter or locked display container where a customer can take the tobacco/cigarette products without the assistance of any employee of the establishment.
Whenever the Health Officer, or his/her designee, reasonably believes there exists a violation of this chapter, he/she may issue a violation notice and/or summons not later than 90 days after discovery of the alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the section of the chapter alleged to have been violated. The complaint shall be delivered by the police or sent by certified mail to the alleged violator.
The Health Officer, or his designee, or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premise, place, person, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer, or his designee, who may request the assistance of the Madison Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
Citizens may bring complaints against violators of this chapter through the Health Department or Police Department.
If any section or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such section or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining sections or paragraphs of this chapter.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of the Borough of Madison.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a fine of not less than $250 nor more than $500 for each offense, together with court costs. Complaint shall be made in the Municipal Court of the Borough of Madison or before such other judicial officer having authority under the laws of the State of New Jersey.