[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:
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.
Any individual, partnership, cooperative, association or
corporation, personal or representative, receiver, trustee, assignee
or any other legal entity.
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.
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.
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]
