[HISTORY: Adopted by the Mayor and Council
of the Borough of Ridgefield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-9-1998 by Ord. No. 1614]
It shall be unlawful for any person, including
a tobacco retailer, to offer for sale, to sell, give or permit to
be sold or given tobacco in any form to a person under 18 years of
age.
It shall be unlawful for any tobacco retailer
to sell or permit tobacco products to be sold to any individual under
the age of 18, unless the seller has a reasonable basis for determining
that the buyer is at least 18 years of age.
A.
It shall be unlawful to sell tobacco through a tobacco
vending machine in the Borough of Ridgefield.
B.
Self-service cigarette displays are prohibited in
all retail establishments in the Borough of Ridgefield.
C.
This prohibition shall not apply to vending machines
and self-service displays that are located in facilities where the
retailer ensures that no person younger than 18 years of age is present
or permitted to enter at any time.
All tobacco vending machines and self-service
displays made unlawful by the terms of this article shall be removed
within 30 days from the effective date of this article from premises
in the Borough of Ridgefield.
A.
Whenever the Health Officer, or his/her designee,
reasonably believes there exists a violation of this article, he/she
may issue a summons and complaint not later than 60 days after discovery
of the alleged violation. The complaint shall be written and shall
state with reasonable particularity the nature of the violation, including
reference to the article and section of this article alleged to have
been violated. The complaint shall be delivered or sent by certified
mail to the alleged violator.
B.
The Health Officer, or his/her designee or any other
person charged with enforcement of this article, after giving proper
identification, may inspect any retail establishment in the Borough
of Ridgefield in the performance of his/her duties under this article.
C.
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer, or
his/her designee, who may request the assistance of the Ridgefield
Borough Police Department, or other police agency or peace officer
when necessary to execute his or her official duty in a manner prescribed
by law.
D.
This article shall be enforced by the Health Department
or the Police Department in the Borough of Ridgefield.
A.
If any chapter, section, subsection or paragraph of
this article is declared to be unconstitutional, invalid or inoperative,
in whole or in part by a court of competent jurisdiction, such chapter,
section, subsection or paragraph shall, to the extent that it is not
unconstitutional, invalid or inoperative, remain in full force and
effect, and no such determination shall be deemed to invalidate the
remaining chapters, sections, subsections or paragraphs of this article.
B.
This article shall be liberally construed for the
protection of the health, safety and welfare of the people of the
Borough of Ridgefield.
[Amended 6-28-2010 by Ord. No. 2133]
A.
Any person found guilty of violating this article
of the Code of the Borough of Ridgefield shall be subject to a penalty
consisting of a fine subject to the discretion of the Judge, the maximum
of which shall be the maximum fine permitted to be imposed by the
court having jurisdiction over the violation of this article of the
Code of the Borough of Ridgefield; provided, however, that the fine
shall not be less than $100 nor more than $2,000 per offense in accordance
with N.J.S.A. 40:49-5. Each day on which such a machine is owned,
operated, rented or permitted on the premises shall result in an additional
fine.
B.
Any person who sells or permits tobacco products to
be sold to any individual under the age of 18 or to be sold by any
individual under the age of 18 shall be subject to a fine to be set
in the discretion of the Judge up to the maximum fine permitted to
be levied in the Municipal Court for a Borough ordinance violation.
Each sale of tobacco to or by a minor shall constitute a separate
violation.
C.
After these violations, the Ridgefield Board of Health
may suspend the retail food establishment license of any person convicted
of violation of this article, for a period of not more than three
days, pursuant to the authority of the Ridgefield Board of Health
to license and regulate food establishments as provided by N.J.S.A.
26:3-31c.
D.
Any penalty recovered under the provisions of this
article shall be recovered by and in name of the local Board of Health.
The penalty recovered shall be paid by the local Board into the treasury
of the municipality where the violation occurred.
A tobacco vending machine which is prohibited
by this article may be taken into custody by municipal authorities.
Any machine so taken shall be returned to its owner upon payment of
the reasonable costs incurred in connection with the taking.
As used in this article, the following terms
shall have the meanings indicated:
The administrative officer of the Ridgefield Board of Health
and/or his or her authorized representatives.
An individual, partnership, cooperative, association, corporation,
person, representative, receiver, trustee, assignee or any other legal
entity.
Any person or entity that operates a store, stand, booth
concession or place at which sales of tobacco are made to purchasers
for consumption or use and who is licensed under the Cigarette Tax
Act (N.J.S.A. 54:40A-1 et seq.).
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payments, dispenses cigarettes
or other tobacco products.
