[HISTORY: Adopted as indicated in article histories. Amendments noted
where applicable.]
[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980
by Ord. No. 80-12 as Art. I of Ch. 132 of the 1979 Code]
As used in this article, the phrase "glue containing a solvent having
the property of releasing toxic vapors or fumes" shall mean and include any
glue, cement or other adhesive containing one or more of the following chemical
compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene
dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol,
petroleum ether, toluene.
No person shall, for the purpose of causing or inducing in himself or
herself or in another person a condition of intoxication, euphoria, excitement,
exhilaration, stupefaction or dulling of his or her senses or nervous system,
intentionally inhale or smell or intentionally assist another person to inhale
or smell the fumes or vapors from any glue containing a solvent which has
the property of releasing toxic fumes or vapors.
No person shall, for the purpose of violating or aiding another person
to violate any provision of this article, buy, sell, possess, transfer possession
or receive possession of any glue containing a solvent having the property
of releasing toxic fumes or vapors.
No person under the age of 18 years shall possess or buy any glue containing
a solvent having the property of releasing toxic fumes or vapors, and no person
shall sell or transfer possession to any person under the age of 18 years
any glue containing a solvent having the property of releasing toxic fumes
or vapors; provided, however, that nothing contained in this section shall
prohibit the sale or transfer of possession to, or the purchase or possession
of any such glue by, a person under the age of 18 years where said minor has
in his or her possession and exhibits the written consent of his or her parent
or guardian; provided, further, that nothing contained herein shall be deemed
to prohibit the sale of a model kit containing as a part thereof a container
of any such glue; and provided further that nothing contained herein shall
be deemed to prohibit the transfer or possession of any such glue to any minor
by the parent or guardian of said minor.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980
by Ord. No. 80-12 as Art. II of Ch. 132 of the 1979 Code]
No person shall advertise, display, sell or offer to sell any type of
syringe, needle, eye dropper, spoon, pipe, testing kit, rolling paper or other
paraphernalia or appliances designed for or ordinarily used in smoking, testing,
weighing, measuring, injecting, cooking or sniffing marijuana, cocaine, opium,
hashish or other controlled dangerous substances as defined by N.J.S.A. 24:21-1
et seq.
It shall constitute a common nuisance to maintain any building, conveyance
or premises whatsoever which is resorted to by persons for the manufacture,
distribution, dispensing, administration or use of any type of syringe, needle,
eye dropper, spoon, pipe, testing kit, rolling paper or other paraphernalia
or appliances designed for or ordinarily used in smoking, testing, weighing,
measuring, injecting, cooking or sniffing marijuana, cocaine, opium, hashish
or other controlled dangerous substances as defined by N.J.S.A. 24:21-1 et
seq.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
