Township of Old Bridge, NJ Article II Possession or Use by Minors

[Adopted 5-26-1998 by Ord. No. 42-98]

§ 450-3 Findings and purpose.

A. WHEREAS, the Surgeon General of the United States has determined:

(1) Cigarette smoking has been causally linked to lung cancer, atherosclerosis, coronary heart disease, chronic obstructive pulmonary disease, birth defects and other conditions that constitute a wide array of serious health consequences; and

(2) Smoking and smokeless tobacco use are "almost always initiated and established in adolescence," typically by age 16; and

(3) Since nicotine addiction occurs during adolescence, adolescent "tobacco users are likely to become adult tobacco users," and

(4) Tobacco use is associated with alcohol and illicit drug use and is generally the first drug used by young people who enter a sequence of drug use that can include alcohol, marijuana and harder drugs, the purchase, possession or use of which by minors is already prohibited; and

(5) Active smoking by young people is associated with significant health problems during childhood and adolescence and with increased risk factors for health problems in adulthood ("Preventing Tobacco Use Among Young People: A Report of the Surgeon General," issued in 1994); and

B. WHEREAS, the United States Department of Health and Human Services estimates that each day more than 3,000 children start smoking and that more than 3,000,000 American children under the age of 18 consume more than 947,000,000 packs of cigarettes yearly (United States Department of Health and Human Services, Office of the Inspector General, Office of Evaluation and Inspection, Youth Access to Cigarettes 1, May 1990); and

C. WHEREAS, the Surgeon General of the United States estimates that an additional 1,000,000 adolescents use smokeless tobacco ("Preventing Tobacco Use Among Young People: A Report of the Surgeon General"); and

D. WHEREAS, the State of New Jersey prohibits the sale of or furnishing of cigarettes or tobacco in any form to minors (N.J.S.A. 2C:33-13.1); and[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

E. WHEREAS, enforcement actions conducted by the Middlesex County Health Department by request of the New Jersey Department of Health and Senior Services uncovered that tobacco products were sold by retail establishments to minors under the age of 18 at a rate of 84% of the time, which is 10% higher than the national average, despite state laws banning sales to minors by retail tobacco distributors, thereby demonstrating the necessity for more comprehensive measures to prevent tobacco use by minors; and

F. WHEREAS, even the major manufacturers of cigarettes and other tobacco products believe that minors should not smoke (Philip Morris U.S.A.: "At Philip Morris we have always believed that minors should not smoke, nor should they have access to cigarettes. Period. Smoking is — and must remain — strictly an adult choice."; R.J. Reynolds Tobacco Company: "R.J. Reynolds Tobacco Company does not, under any circumstances, want kids to smoke."); and

G. WHEREAS, efforts to lessen the use of tobacco products may result in long-term financial benefits because, according to the Center for Disease Control, direct medical costs from smoking in 1993 were over $50,000,000,000 or 7% of all health costs and that these added health costs cause financial burdens on all levels of government and all taxpayers; and

H. WHEREAS, the Township Council of the Township of Old Bridge has determined that neither state nor federal legislation governing the use of tobacco products has been comprehensive enough to address the health and safety interests of children and that additional specific legislation is needed in the public interest to protect the children; and

I. WHEREAS, neither the New Jersey Legislature nor the United States Congress has preempted municipal governments from enacting ordinances governing the use and possession of tobacco products; and

J. WHEREAS, the Township Council of the Township of Old Bridge finds that it is in the public interest to enact ordinances consistent with and complementary to the law of this state or of the United States controlling the use of tobacco products by minors; and

K. WHEREAS, it is the intention of the Township Council of the Township of Old Bridge to work in collaboration with parents and youth in our community in reinforcing the message of the ills of tobacco and in providing additional means by which parents may discourage and youths may reject tobacco use; and

L. WHEREAS, the Township Council of the Township of Old Bridge seeks to provide a legal means for official intervention to discourage the use of tobacco products by our youth; and

M. WHEREAS, it is the further intention of the Township Council of the Township of Old Bridge that enforcement of this ordinance and the imposition of any penalties shall be done in consultation and cooperation with the parents of any violator; and

N. WHEREAS, the intent of the Township Council of the Township of Old Bridge is that this ordinance be educational and helpful, not punitive.

§ 450-4 Prohibition of purchase or use of tobacco products by minors.

No person under the age of 18 shall purchase, or within or upon any public place or area, use or possess, whether actually or constructively, cigarettes or other tobacco products within the Township of Old Bridge.

§ 450-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

PUBLIC PLACE OR AREA

Any place or area to which the public is invited or upon which the public is permitted, including but not limited to any sidewalk, street, or any other right-of-way, park, playground, and any other property owned by the Township, any mall or shopping center, and any school property.

TOBACCO PRODUCT

Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

§ 450-6 Construal of provisions.

This article shall be liberally construed for the protection of the health, safety and welfare of the people, the citizens of the Township of Old Bridge.

§ 450-7 Violations and penalties.

A. Any person under the age of 18 who purchases, or within or upon any public place or area, possesses, whether actually or constructively, or uses cigarettes or other tobacco products, shall receive parental notification by the Health Officer and/or agent and materials which explain the risk of tobacco use and the purposes for which Old Bridge Township has adopted this article, the form of such notice and materials to be determined by the Health Officer and/or agent. The enforcement officer who issues a warning under this section shall ensure that the Health Officer and/or agent receives timely notification of the violator's identity and address and the names of the violator's parents.

B. Repeat offenders under this article under the age of 18 shall have a juvenile complaint signed against them and processed under the current procedures for processing juvenile complaints and shall receive a second parental notification as set forth in Subsection A above and shall receive a fine of no less than $25 plus court costs, in addition to any other penalties authorized pursuant to this article. Such individuals may also be required to participate at their own expense in an educational program determined by the Health Officer and/or agent concerning the dangers of smoking and tobacco use.

§ 450-8 Enforcement.

Enforcement of this article shall be within the jurisdiction of the Police Department of the Township of Old Bridge. Upon a complaint alleging a violation of this article sworn to by an employee of the Old Bridge Township Board of Education, a designated school safety officer of the Township of Old Bridge Police Department shall issue a summons to any individual in violation of this article in accordance with other provisions of the law.