Township of Rochelle Park, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 159.
[Adopted 11-17-1997 by Ord. No. 761-97]
A. 
It shall be unlawful to sell tobacco products to a minor, that is, a person under the age of 18 years.
B. 
It shall be unlawful for any person to purchase a tobacco product with funds furnished by a minor or with the intent to sell such product to a minor.
C. 
Sign requirement. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING IN PUBLIC PLACES BY MINORS 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 the State Statutes and Rochelle Park Township Ordinances.
D. 
It is understood that the above subsections are to be enforced in accordance with New Jersey statutes prohibiting the sale of cigarettes to minors.
It shall be unlawful for a tobacco retailer to sell, or permit to be sold, any tobacco product to any individual without first requesting and positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.
In view of the indiscriminate sales of tobacco products to minors through tobacco vending machines, all tobacco vending machines are hereby prohibited in the Township of Rochelle Park. It shall be unlawful for any person, firm, corporation or association to possess, own, operate, rent or permit the use of or operation of a tobacco vending machine in, on or about the premises under his or her ownership, control or management or to sell, or offer to sell, any tobacco product through a tobacco vending machine in the Township of Rochelle Park.
As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Township of Rochelle Park Board of Health, and may be referred to in this article as the "Board of Health," "Department" or "Board."
HEALTH OFFICER
The Health Officer of the Township of Rochelle Park and/or his or her authorized representative.
PUBLIC PLACE
Any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the township and maintained for use by the general public.
RETAIL ESTABLISHMENT
Any place or business that sells to the public at retail.
TOBACCO PRODUCT
Any product made from the tobacco plant or containing tobacco leaf for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco. This prohibition includes products and materials of any kind which are used or intended for use in inhaling, smoking or otherwise introducing into the human body a tobacco substance, including but not limited to rolling paper, metal, wooden, acrylic, glass, stone, plastic or ceramic pipes.
TOBACCO VENDING MACHINE
Any mechanical, electrical or electronic self-service device which, upon insertions of moneys, tokens or any other form of payment, dispense tobacco or tobacco products, either exclusively or as one kind of an available item.
A. 
Whenever a police officer of the Township of Rochelle Park reasonably believes there exists a violation of this article, such officer 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 section and subsection of this article alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
B. 
A police officer of the Township of Rochelle Park, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premises, place, person, record incident or event as necessary to enforce the provisions of this article.
C. 
It shall be unlawful for any person to molest, willfully oppose or otherwise act to interfere with or obstruct any police officer in the performance of duties under this article.
D. 
Citizens may bring complaints for violation of this article.
A. 
If the provision of any article, section, subsection, paragraph, subdivision, application or clause of this article shall be judged invalid by any court of competent jurisdiction, this order or judgment shall not affect or invalidate the remainder of any such article, section, subsection, paragraph, subdivision, application or clause, and, to this end, the provisions of the ordinance are hereby declared severable.
B. 
This article shall be liberally construed for the protection of the health, safety and welfare of the people of the Township of Rochelle Park, Bergen County, State of New Jersey.
A. 
Unless otherwise provided by law, statute or ordinance, any minor violating any provisions of this article shall, upon conviction for a first offense, be given a verbal warning with parental notification. For a second offense, there shall be parental notification and nicotine rehabilitation. For a third offense, there shall be a more severe nicotine rehabilitation. For a fourth offense there shall be a Municipal Court appearance and a fine of $50, plus costs. For a fifth and subsequent offenses, there shall be a Municipal Court appearance and a fine of $200, plus costs.
B. 
Any retail establishments or possessors of tobacco vending machines or anyone else selling or distributing tobacco or tobacco products to minors, unless otherwise provided by law, shall, upon conviction, pay a fine of not less than $100 or more than $500 for each offense. The complaint shall be made in the Municipal Court of the Township of Rochelle Park or before such other judicial officers having authority under the Laws of the State of New Jersey.
C. 
Each day of possession or use of a tobacco vending machine shall constitute a separate violation of this article.
D. 
The Board of Health may suspend the retail food establishment license of any person convicted of a violation of this article for a period of not more than three days, pursuant to the authority of the health commission to license and regulate establishments as provided by N.J.S.A. 26:3-31c.
E. 
Notwithstanding Subsections A and B above, for violations of § 171-5 of this article, the penalties shall be as determined pursuant to the Code of Juvenile Justice, particularly N.J.S.A. 2A:4A-43b.