Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1994 by Ord. No. 29-94 (Ch. 136 of the 1981 Code); amended in its entirety 6-27-1996 by Ord. No. 24-96]

§ 312-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HEALTH OFFICER
The administrative officer of the Marlboro Township Health Department or, in the absence of a municipal health department, the administrative officer of the Monmouth County Board of Health and/or their designees or authorized representatives.
LAW ENFORCEMENT OFFICER
Any member of the Police Department of the Township of Marlboro.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE TOBACCO DISPLAYS
Any racks, stands or other display devices from which a customer may take tobacco products directly with only payment to be made to the tobacco retailer.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and/or any other personal consumption use, including but not limited to cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
TOBACCO RETAILER
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 and shall mean a person or entity that owns or operates a vending machine and/or a vending machine location.
VENDING MACHINE
Any type of automated self-service device which, upon the insertion of money, tokens or any other form of currency or payment, dispenses cigarettes or other tobacco products.

§ 312-2 Sale of tobacco to minors prohibited.

A. 
Prohibition. It shall be unlawful for any person, including a tobacco retailer, to sell, give or permit to be sold or given to a person under the age of 18 years tobacco in any form.
B. 
Sign requirement. All tobacco retailers must post in a conspicuous place near each cash register a sign measuring not less than six inches by eight inches containing the following language:
"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 laws."

§ 312-3 Identification required.

It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser which positively establishes 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.

§ 312-4 Prohibition of tobacco vending machines, self-service tobacco displays and sale of rolling papers.

A. 
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Township of Marlboro.
B. 
Self-service tobacco displays are prohibited in the Township of Marlboro.
C. 
It shall be unlawful to sell rolling papers in any form or quantity to persons under the age of 18 years in the Township of Marlboro.

§ 312-5 Removal of tobacco vending machines and self-service tobacco displays.

All tobacco vending machines and self-service tobacco displays made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.

§ 312-6 Enforcement.

A. 
Whenever the Health Officer or his/her designee or a law enforcement officer reasonably believes that there exists a violation of this article, such officer or designee may issue a summons and complaint not later than 60 days after discovery of the alleged violation. The complaint shall be written and state with reasonable particularity the nature of the violation, including reference to the article and section of this article alleged to have been violated. The complaint shall be delivered or sent by certified mail, return receipt requested, to the alleged violator.
B. 
The Health Officer, his/her designee or law enforcement officer charged with enforcement of this article, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
C. 
It shall be unlawful for any person to molest, wilfully oppose, verbally abuse or otherwise obstruct the Health Officer, his or her designee or a law enforcement officer who may request the assistance of the Marlboro Township Police Department or other police agency or peace officer when necessary to execute his or her official duty in a manner prescribed by law.
D. 
Citizens may bring complaints against violators of this article.

§ 312-7 Violations and penalties.

A. 
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction thereof, be punished as provided in § 4-3 of the Code. Complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each sale of tobacco and/or rolling papers to a minor shall constitute a separate violation. Each day that a tobacco vending machine or self-service tobacco display remains on any premises or that tobacco is sold without the required sign shall constitute a separate and distinct offense.
C. 
The Health Officer may suspend the retail food establishment license of any person convicted of a violation of this article for a period not to exceed three days pursuant to the authority contained in N.J.S.A. 26:3-31c, which governs the licensing and regulation of food establishments.
[Adopted 8-13-2015 by Ord. No. 2015-11]

§ 312-8 Purposes.

The following are the purposes of this article:
A. 
The United States Surgeon General has determined that there is no safe level of exposure to secondhand smoke and that nonsmoking Americans exposed to secondhand smoke in public places are at significantly increased risk of heart disease and lung cancer (see U.S. Department of Health and Human Services, the Health Consequences of Involuntary Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006);
B. 
Smoking is the leading cause of death in the United States and the United States Centers for Disease Control and Prevention has determined that reduction of the death and disease caused by tobacco use and exposure to secondhand smoke is one of the six top national healthcare priorities;
C. 
Pursuant to N.J.S.A. 40:48-1, Marlboro is given the authority to adopt ordinances for the public health, safety and welfare of the Township, its citizens, residents and guests; and
D. 
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) ("NJSFAA") specifically authorizes local restrictions on smoking "equivalent to, or greater than" those provided in the NJSFAA for purposes of "protecting public health."

§ 312-9 Definitions.

As used in this article, the following terms shall have the following definitions:
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo or pipe.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling of smoke or vapor from an electronic smoking device.

§ 312-10 Municipal Building Smoke-Free Zones.

There is hereby established in front of the municipal building located at 1979 Township Drive within the Township of Marlboro a one-hundred-sixty-foot smoke-free zone wherein the smoking of any form of tobacco product, either a cigarette, cigar, pipe or the inhaling of smoke or vapor from an electronic smoking device, is strictly prohibited. The one-hundred-sixty-foot smoke-free zone shall extend outward from the main entrance of the municipal building at the council chambers.

§ 312-11 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not less than $100 for the first offense, $250 for the second offense and $500 for each subsequent offense.