[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 3-20-2000 by Ord. No. 1-00; amended in its entirety 2-22-2017 by Ord. No. 3-17. Subsequent amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the following meanings:
- MUNICIPAL BUILDINGS
- All structures owned, leased, rented and/or operated by the Borough of Brooklawn, and/or occupied by Borough employees and used for official business of the Borough of Brooklawn.
- PARKS AND RECREATIONAL FACILITIES
- All public parks, playgrounds and ball fields publicly owned or leased by the Borough of Brooklawn upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.
- The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe, electronic smoking device or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
- TOBACCO PRODUCTS
- Include, but are not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, loose leaf tobacco, tobacco pellets, plug tobacco, twist or rope tobacco, dipping tobacco and/or dissolvable tobacco.
It shall be unlawful to sell or otherwise provide tobacco products to a person under the age of 18 years, which person shall be considered a minor for purposes of this chapter.
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.
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:
THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 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 18 years of age may be prosecuted in accordance with State and Local Ordinances.
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 open cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product.
The Drug-Free School Zone Map adopted by the Borough of Brooklawn is hereby amended to include "Cigarette-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 possess in open view a cigarette or tobacco product, an open 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.
It shall be unlawful for a parent, legal guardian or other persons 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 substances which can be smoked, any cigarette paper or tobacco in any form, including but not limited to, smokeless tobacco.
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.
Repeat minor offenders who are found guilty of violating this chapter shall, in addition to the penalties provided for in this Code, be subject to a period of community service in accordance with the policies and procedures of Juvenile Administration by the Camden County Juvenile Court and Borough of Brooklawn Police Department.
No person shall smoke within the boundary of the Brooklawn Borough-owned structures, more commonly referred to as the "Brooklawn Borough Hall," the "Brooklawn Department of Public Works," and/or the "Brooklawn Community Center."
No person shall smoke within 500 feet of any recreational equipment or recreational playing fields in all public parks and recreation facilities owned or leased by the Borough of Brooklawn and all property owned or leased by the Borough of Brooklawn upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.
The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Borough of Brooklawn.
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Brooklawn, or such other court having jurisdiction, be liable to a fine of not less than $100, and not exceeding $1,250, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the Borough of Brooklawn's policies and procedures.