[HISTORY: Adopted by the Township Council of the Township of Medford 4-1-1998
by Ord. No. 1998-4. Amendments noted where applicable.]
A.
There exists conclusive evidence that tobacco smoke causes
cancer, respiratory diseases, cardiovascular disease, negative birth outcomes,
as well as irritations to the eyes, nose and throat. Both smokers and those
exposed to secondhand smoke are at risk. It is the opinion of the Township
Council that nonsmokers should not be involuntarily exposed to tobacco smoke.
B.
Statistics reflect that more than 90% of all smokers
begin smoking before the age of eighteen (the legal age to purchase cigarettes
in the state) and an estimated 3,000 minors begin smoking every day in the
United States. There is, therefore, an important health need to reduce easy
access to tobacco products by youths through strict enforcement of the state
law prohibiting sales to minors.
As used in this chapter, the following terms shall have the meanings
indicated:
- MUNICIPAL BUILDING
- All municipal offices, police station, fire stations, schools and school administration, water treatment plants, Department of Public Works, emergency squad building, library and any and all facilities owned and/or operated by the Township of Medford.
- PURCHASER
- Any individual, partnership, cooperative, association or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.
- TOBACCO
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
- TOBACCO RETAILER
- Any person or entity which operates a store, stand, booth, concession or place at which sales of tobacco are made to the purchaser for the consumption or use. It shall also mean a person or entity which owns, operates, or uses a vending machine and/or a vending machine location.
- VENDING MACHINE
- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.
A.
It shall be unlawful to sell or otherwise provide tobacco
or tobacco products to a person under 18 years of age, which person shall
be considered a minor for purposes of this chapter.
B.
It shall be unlawful for any person to purchase tobacco
products with funds furnished by a minor or with the intent to sell or give
such a product to a minor.
C.
Aside from self-service displays, tobacco products are
to be stored for sale in such a manner that only a sales clerk has physical
access to the same, and said sales clerk shall manually obtain the same upon
customer request. Self-service displays shall be located in such a manner
that a sales clerk shall be able to continually and easily observe and monitor
customers obtaining tobacco products from the display. All such displays shall
be no less than 10 feet from an entrance or exitway to a sales establishment.
D.
Sign requirements. The following six-inch-by-eight-inch
sign shall be posted in a conspicuous place near each cash register in all
retail establishments in which tobacco products are sold:
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THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN IS
PROHIBITED BY LAW. Legal Proof of Age must Be Shown. A person who sells or
offers to sell a tobacco product to a person under eighteen years of age may
be prosecuted in accordance with State and Local Ordinances.
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E.
Identification. It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without requesting
or examining identification from the purchaser, positively establishing the
purchaser's age as 18 years of age or greater, unless the seller has
some other conclusive basis for determining that the buyer is over the age
of 18 years.
F.
It shall be unlawful for any person under 18 years of
age to smoke or use a tobacco product in any public place or to possess in
open view a cigarette or tobacco product, an opened cigarette pack, opened
carton or other opened container (as evidenced by a broken seal) holding a
tobacco product.
[Added 4-1-1998 by Ord. No. 1998-5]
G.
The Drug-Free School Zone Maps produced by Joseph F.
Wiseman and adopted by Medford Township Council Ordinance No. 1988-28[1] is hereby amended to include tobacco-free school zone, whereby
it shall be unlawful for anyone to sell, give or permit to be sold or given
to a person under 18 years of age tobacco in any form within the areas on
or within 1,000 feet of such school property. It shall also be unlawful for
a person under 18 years of age to smoke or use a tobacco product or to possess
in open view a cigarette or tobacco product, an opened cigarette pack, opened
carton or other opened container (as evidenced by a broken seal) holding a
tobacco product in and/or on school property as referenced in the Cigarette-Free/Drug-Free
School Zone Map.
[Added 4-1-1998 by Ord. No. 1998-5]
H.
It shall be unlawful for a parent, legal guardian or
other person acting in place of a parent or legal guardian or person who is
responsible for the care and welfare of a minor under the age of 18 years
to allow that minor to possess any cigarettes made of tobacco or of any other
substance which can be smoked, any cigarette paper or tobacco in any form,
including but not limited to smokeless tobacco.
[Added 4-1-1998 by Ord. No. 1998-5]
A.
It shall be unlawful to offer for sale or to sell tobacco
through a tobacco vending machine in Medford Township.
B.
All tobacco vending machines shall be made unlawful by
the terms of this chapter and all tobacco vending machines shall be removed
within 60 days from the effective date of this chapter.
Smoking and the use of other tobacco products shall not be permitted
in any municipal building in Medford Township.
A.
Unless otherwise provided by law, statute or ordinance,
any adult person violating any of the provisions contained within this chapter
shall, upon conviction thereof, pay a penalty of not less than $100 or more
than $500 for each offense.
B.
Each sale or provision of tobacco to a minor shall constitute
a separate violation.
C.
Each day in which a vending machine is owned or operated,
rented or permitted on a premises, subsequent to the effective date of this
chapter, shall constitute a separate violation.
D.
Unless otherwise provided by law, a minor charged under
this section as a first offense with the use or purchase of a tobacco product
shall be served with a written warning which shall inform the minor of subsequent
penalties. A copy of said warning shall be sent to the minor's parents.
[Added 4-1-1998 by Ord. No. 1998-5]
E.
As to the repeat minor offenders who use or purchase
tobacco products, and as to all other violations under this section, any person
found to be in violation, upon conviction thereof, shall pay a penalty of
not less than $50 nor more than $500 for each offense.
[Added 4-1-1998 by Ord. No. 1998-5]
F.
It shall primarily be the responsibility of the Police
Department to monitor and/or enforce this chapter, which shall do so through
periodic inspections or other legal means.
[Added 4-1-1998 by Ord. No. 1998-5]
