[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:
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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.
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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:
The Township of Rochelle Park Board of Health, and may be referred
to in this article as the "Board of Health," "Department" or "Board."
The Health Officer of the Township of Rochelle Park and/or his or
her authorized representative.
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.
Any place or business that sells to the public at retail.
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.
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.
