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Township of Mantua, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Mantua as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-4-2004 by Ord. No. 16-2004 (Ch. 154, Art. I, of the 1978 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
An individual, partnership, corporation, cooperative, association or any other legal entity.
It shall be unlawful for any person:
A. 
To sell or permit to be sold, or offer to sell, any tobacco product to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or older, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years; or
B. 
To sell or permit to be sold any tobacco product to a person under 18 years of age.
All tobacco vending machines are hereby prohibited in the Township of Mantua. It shall be unlawful for any person to possess a tobacco vending machine or to sell or offer to sell any tobacco product through a tobacco vending machine in the Township of Mantua.
A. 
Any person violating this article shall be subject to a fine of not less than $100 and not more than $1,000 for each offense.
B. 
Whenever the Sanitary Inspector, Health Officer, or their respective designees, reasonably believes that there exists a violation of this article, he/she may file a complaint in the Municipal Court not later than 30 days after discovery of the alleged violation. Citizens may also file complaints against alleged violators of this article.
[Adopted 5-2-2004 by Ord. No. 01-06 (Ch. 154, Art. II, of the 1978 Code)]
As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
For purposes of this article, any person employed by the Township of Mantua in the capacity of enforcing the laws of the State of New Jersey and the ordinances of the Township of Mantua. This would include, but not be limited to, all sworn members of the Township of Mantua Police Department.
PERSON
For purposes of this article, as an individual, partnership, corporation, cooperative, association, personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAY
For purposes of this article, any shelving or storing of cigarettes in any area of the establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take same without the assistance of an employee of the establishment.
TOBACCO
For purposes of this article, 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.
TOBACCO RETAILER
For purposes of this article, 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.
Self-service cigarette or tobacco product displays are prohibited, and it shall be unlawful to offer for sale or to sell cigarettes or tobacco products from a self-service display of cigarettes or tobacco products in the Township of Mantua.
It shall be unlawful for tobacco retailers to display, advertise, or offer for sale, tobacco products in any location in which minors are permitted at a height of less than four feet or adjacent to candy or items specifically intended for sale to or for children.
A. 
Complaint. Whenever the Code Enforcement Officer, or his/her designee, reasonably believes that there exists a violation of this article, he/she may issue a summons and complaint not later than 30 days after discovery of alleged violation. The complaint shall be written and shall state with reasonable particularity the nature of the violation, including reference to the article or section of this article alleged to have been violated. Citizens may also file complaints against alleged violators of this article. The complaint shall be hand delivered and/or sent by mail to the alleged violator.
B. 
Right of entry and inspection.
(1) 
The Code Enforcement Officer, or his/her designee, or any other person charged with the enforcement of this article, after giving proper identification, may inspect any matter, thing, premise, place, record, vehicle, incident or event as necessary.
(2) 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Code Enforcement Officer, his/her designee, or other person charged with enforcement of this article during the routine performance of his/her duties.
(3) 
The Code Enforcement Officer, his/her designee, may request the assistance of the Township of Mantua Police, or other police agency or peace officer when necessary to execute his/her official duty in a manner prescribed by law.
C. 
Other laws and regulations. This article shall supplement the ordinances contained in the Code of the Township of Mantua and all other statutes duly enacted by the State of New Jersey and the County of Gloucester relating to public health and safety. Where the provisions of any other state law, local ordinance, regulation, administrative laws, or the laws or regulations of the United States apply, the more restrictive of any and all laws, ordinances, regulations or rules shall prevail. Further, this article shall be liberally construed for the protection of the health, safety, and welfare of the people of the Township of Mantua.
Unless otherwise provided by law, statute, or ordinance, any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Township of Mantua, be subject to a fine of $250 for a first offense, $500 for a second offense, and $1,000 for a third and each subsequent violation. Each day that a self-service cigarette or tobacco product display, or tobacco advertising at child eye level, remains on any premises shall constitute a separate and distinct offense.
The Township of Mantua specifically reserves and retains the right to pursue all other legal and equitable remedies in order to fully enforce the provisions of this article as they pertain to the health, safety, and welfare of the people of the Township of Mantua.