[HISTORY: Adopted by the Board of Health of the Borough of Palisades
Park 11-10-1998 by Ord. No. 99-1. (This
ordinance also repealed former Ch. 318, Tobacco Products, Sale of, adopted
by the Board of Health 10-29-1996 by Ord. No. 96-6.)
Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 254.
It shall be unlawful to sell tobacco/cigarettes to a person under 18
years of age.
It shall be unlawful for a tobacco/cigarette retailer to sell or permit
to be sold tobacco/cigarettes to any individual without requesting and examining
identification from the purchaser's age as 18 years or greater unless
the seller has some conclusive basis for determining the buyer is over the
age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes
through a tobacco/cigarette machine or from a freestanding or attached display
of tobacco/cigarettes in the Borough of Palisades Park. All tobacco must be
dispensed to the customer by the clerk from inventory that is behind the counter
and out of the grasp of the public.
All tobacco/cigarette machines made unlawful by the terms of this chapter
shall be removed within 30 days from the effective date of this chapter; provided,
however, nothing herein contained shall be construed to permit the use or
installation of any cigarette vending machine made unlawful pursuant to Ordinance
No. 96-6 of the Board of Health.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health of Palisades Park.
Any display rack or other promotion containing tobacco/cigarette
products in any area of any store, food establishment, or other premises,
not specifically behind a sales counter and not outside of the grasp of the
public, so as to be self-service.
The Administrative Officer of the Palisades Park Board of Health
and/or his or her authorized representatives.
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other legal entity.
Any product made from the tobacco plant for the purpose of smoking,
chewing, inhaling and other personal use, including cigars, chewing tobacco,
pipe tobacco, snuff and cigarettes in any form.
Any retail dealer, person or entity that operates a store, stand,
booth concession, cigarette vending machine, tobacco/cigarette machine, freestanding
or attached tobacco/cigarette display or place from which sales of tobacco
are made to purchasers for consumption or use.
Any automated machine or device which dispenses cigarettes or other
tobacco products in any form, regardless of whether same is operated or activated
through remote control device or with or without the insertion of money, token
or other form of payment.
A.Â
Whenever the Health Officer, or his/her designee, reasonably
believes there exists a violation of this chapter, he/she may issue a summons
and complaint not later than 90 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 chapter alleged to have been violated. The complaint shall be delivered
by the police or sent certified mail to the alleged violator.
B.Â
The Health Officer, or his designee or any other person
charged with enforcement of this chapter, after giving proper identification,
may inspect any matter, thing, premises, place, person, record, vehicle, incident
or event as necessary.
C.Â
It shall be unlawful for any person to molest, willfully
oppose, verbally abuse or otherwise obstruct the Health Officer or his designee,
who may request the assistance of the Palisades Park Police Department or
other police agency or peace officer when necessary to execute his or her
official duty in the manner prescribed by law.
D.Â
Citizens may bring complaints against violators of this
chapter through the Health Department or Police Department.
A.Â
If any chapter, section, subsection or paragraph of this
chapter 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 chapter.
B.Â
This chapter shall be liberally construed for the protection
of the health, safety and welfare of the people of Palisades Park.
This chapter repeals and replaces in its entirety Palisades Park Board
of Health Ordinance No. 96-6, said repeal to be effective upon the effective
date of this chapter, provided, however, nothing contained in this chapter
or the repeal of Ordinance No. 96-6 shall authorize or allow as of the effective
date of this chapter the installation, use, or maintenance of any cigarette
vending machine rendered unlawful pursuant to Ordinance No. 96-6.[1]
