[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon
Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2003 by Ord. No. 1149
(Ch. 97, Art. I of the 1975 Code)]
The purpose of this article is to prohibit smoking or the use of any
tobacco product and possession of any tobacco-related product by persons under
the age of 18.
As used in this article, the following terms shall have the meanings
indicated:
Any product made from the tobacco plant or containing tobacco leaf
for the purpose of smoking, chewing, inhaling or other personal use, including
but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff
and dipping tobacco.
Any product used to contain tobacco or to hold tobacco.
A.
It shall be unlawful for any person under 18 years of
age to smoke or to use a tobacco product or to possess, in open view, a cigarette
or tobacco product, or a tobacco-related product, a cigarette pack, carton
or other container holding a tobacco product in the Borough of Haddon Heights.
B.
It shall be unlawful for a minor under the age of 18
to possess or to use tobacco, as the tobacco product is defined herein, within
any private property or residence without the consent of said minor's parent,
legal guardian or other person acting in place of a parent or legal guardian
who is responsible for the care and welfare of said minor.
C.
Possession or use of a tobacco product or a tobacco-related
product, as defined herein, shall not be a basis for and shall not constitute
probable cause to permit a search of the person or premises.
A.
Unless otherwise provided by law, a minor charged under
this article as a first offense involving the use, purchase or possession
of a tobacco product or a tobacco-related product shall be fined a sum of
not more than $75.
B.
For a second offense, upon conviction thereof, shall
pay a fine of not more than $150.
C.
For a third and subsequent offense, upon conviction thereof,
shall pay a fine of not more than $200.
D.
In addition to the penalties herein, a minor offender
may be subject to a period of community service at the discretion of the court.
E.
For all offenses charged under this article, a mandatory
court appearance is required of the minor, along with his parent or legal
guardian.
