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Town of Canton, CT
Hartford County
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Table of Contents
Table of Contents
Code
New Laws (23) Index
[HISTORY: Adopted by the Town of Canton as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-30-2001 by Ord. No. 213]
The purpose of this article is to prohibit the dispensing of cigarettes, tobacco or smokeless tobacco products from vending machines within the Town of Canton.
A. 
Sections 53-344 and 53-344a of the General Statutes make it unlawful for any person to sell, give, or deliver tobacco to any individual under the age of 18 years.
B. 
Section 12-289a(h) of the General Statutes authorizes a municipality to impose restrictive conditions on the placement of vending machines for cigarettes, tobacco, or smokeless tobacco products.
C. 
Section 7-148(c)(7)(H)(xi) of the General Statutes authorizes the municipality to provide for the health of the inhabitants of the municipality and do all things necessary or desirable to secure and promote the public health.
D. 
Current laws and regulations have proved ineffective and inadequate in preventing the illegal purchase of cigarettes by children under the age of 18 years, particularly from cigarette vending machines.
E. 
An ordinance prohibiting the dispensing of cigarettes, tobacco, and smokeless tobacco from vending machines within the Town of Canton is necessary for the promotion of the health and welfare of minors.
No person shall dispense, or cause to be dispensed, cigarettes, tobacco, or smokeless tobacco products from vending machines at any location within the Town of Canton. "Vending machine" means a machine used for the purpose of automatically dispensing packaged cigarettes, tobacco, or smokeless tobacco products after the proper amount of payment by the purchaser.
A. 
Any person or business entity who or which violates or fails to comply with the provisions of this article shall be subject to the following fines:
[Amended 12-14-2011]
(1) 
First offense: $150.
(2) 
Second or subsequent offense: $200 for each separate offense and each day of continued offense.
B. 
The Board of Selectmen may seek enforcement of the provisions of this article by a civil action brought by the Town, and, in such event, the violator shall pay the Town's cost of any legal action, including reasonable attorneys' fees. In any action, the Board of Selectmen may seek any of the following remedies:
(1) 
A temporary and/or permanent injunction.
(2) 
Removal of the violation.
C. 
Any and all remedies which the Town has in enforcing this article, at law or in equity, shall be cumulative, and two or more or all of such remedies may be exercised at the same time.
[Added 9-25-2002 by Ord. No. 216]
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.