City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Retail establishments — See Ch. 330.
[Adopted 4-21-1998 by Ord. No. 98-06]

§ 404-1 Findings.

The City Council hereby adopts the following findings with respect to this chapter:
A. 
Eighty-nine percent of adult daily smokers started smoking by age 18; 71% were already daily smokers by that age (National Household Surveys on Drug Abuse, 1991).
B. 
Forty-four percent of teenagers who smoke regularly are daily smokers (Teenage Attitudes and Practices Survey, 1993).
C. 
Four and one-half million teenagers smoke with over 3,000,000 smoking regularly and 1,500,000 experimenting (Teenage Attitudes and Practices Survey, 1993).
D. 
One-third to 1/2 of children who experiment with smoking become regular smokers (Surgeon General's Report, 1994).
E. 
The average teenager smoker has his/her first whole cigarette by age 13 and becomes a daily smoker by age 14.5 (Teenage Attitudes and Practices Survey, 1993).
F. 
Sixty-three percent of teenage smokers consider themselves addicted to cigarettes (Gallup Organization, 1994).
G. 
Seventy percent of teenager smokers say that, given the chance to do things differently, they would not have started smoking (Gallup Organization, 1992).
H. 
The younger a child begins smoking, the more likely it is that he/she will become a heavy smoker as an adult (Surgeon General's Report, 1994).
I. 
Over 3,000 minors become regular smokers each day.
J. 
The United States Department of Health has determined that cigarettes kill more Americans than AIDS, alcohol, car accidents, fires, illegal drugs, murders and suicides combined.
K. 
Minors are successful in purchasing cigarettes from vending machines 88% of the time (Surgeon General's Report, 1994).
L. 
Minors are successful in purchasing cigarettes over the counter 67% of the time (Surgeon General's Report, 1994).
M. 
In a survey conducted by the American Cancer Society in 1995 of cigarette vending machines in West Orange, New Jersey, 15 locations were surveyed and at 11 locations there were successful buys where the vending machine was equipped with a locking device, the locking devices were either opened or the remote control was on top of the machine, thereby allowing the minors to purchase cigarettes without ever speaking to an adult. The sales clerks assisted the minors in making the buys by giving them matches or change for the vending machines.
N. 
The Council concludes on the basis of the foregoing findings and studies that attempts at preventing the sale of cigarettes to minors, short of the prohibition of cigarettes vending machines and the prohibition of self-service cigarette or tobacco product displays, are ineffective in curbing the sale of cigarettes and tobacco products to minors.

§ 404-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health of the City of Englewood with statutory powers under Title 28 of the New Jersey statutes.
HEALTH DEPARTMENT
The Department of Health of the City of Englewood.
HEALTH OFFICER
The Health Officer appointed by the Board of Health of the City of Englewood or his/her authorized designee.
PERSON
An individual, partnership, cooperative, association, personal representative, receiver, trustee, assignee or any other legal entity.
SELF-SERVICE CIGARETTE OR TOBACCO PRODUCT DISPLAYS
Any shelving or storing of cigarettes or tobacco products in an area of an establishment to which customers have access and/or in a location where a customer could reach the cigarettes or tobacco products and take the same without the assistance of an employee of the establishment.
TOBACCO
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.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products, regardless whether such devices are installed with a locking device.

§ 404-3 Tobacco vending machines prohibited.

All cigarette or tobacco product vending machines are hereby prohibited in the City of Englewood.

§ 404-4 Self-service cigarette displays prohibited.

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 City of Englewood.

§ 404-5 Retail sale of tobacco products.

[Amended 7-29-2014 by Ord. No. 14-20]
A. 
No person shall sell tobacco products or nicotine delivery products in the City of Englewood unless the sale of such products is controlled by an employee of the establishment. A person may only sell tobacco products or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays of tobacco products or nicotine delivery products shall be prohibited.
B. 
No person shall sell tobacco products or nicotine delivery products to any person under the age of 21 years or give tobacco products or nicotine delivery products to any person under the age of 21.
C. 
Retail establishments where tobacco products or nicotine delivery products are sold shall conspicuously post and reasonably maintain signs having a minimum size of six inches by eight inches where these products are displayed and at all check-out counters notifying customers that proof of age is required to purchase tobacco products or nicotine delivery products.
D. 
All clerks selling tobacco products or nicotine delivery products shall verify by means of government-issued photographic identification containing the bearer's date of birth that no person purchasing the tobacco- or nicotine-containing products is younger than 21 years of age. No such verification is required for any person over the age of 26. No clerk shall sell tobacco products or nicotine delivery products to a person under 21 years of age who has a note from an adult requesting such sale.
E. 
No person selling tobacco products or nicotine delivery products shall allow an employee to sell or distribute such products until the employee has read the Board of Health regulations and state laws pertaining to the sale or distribution of tobacco products and nicotine delivery products and has signed a statement that the employee has read the regulations. Such form statement will be supplied by the Board of Health and kept on file at the establishment subject to review by the Board of Health.

§ 404-6 Enforcement.

A. 
This chapter may be enforced by the Health Officer or his/her designee or by any law enforcement officer of the City of Englewood by the issuance and service of a summons or complaint.
B. 
It is in violation of this chapter for any person to interfere, molest, verbally abuse, willfully oppose or otherwise obstruct any person charged with the enforcement of this chapter, after giving proper identification, in the enforcement of this chapter.
C. 
Citizens may bring complaints under this chapter by signing a complaint with either the Englewood Health Department or the Englewood Police Department.
D. 
Any person charged with the enforcement of this chapter may enter upon any retail establishment open to the public and where cigarettes or tobacco products are sold for the purpose of inspecting any matter, thing, premises, place, person, record, vehicle, incident or event necessary to enforce this chapter.

§ 404-7 Violations and penalties.

A. 
Any person who violates any provisions of this chapter shall, upon conviction thereof, be subject to the following fines and penalties:
(1) 
For the first offense in any one-year period: a fine not to exceed $250.
(2) 
For a second offense within a one-year period: a fine not to exceed $800.
(3) 
For a third and each subsequent offense within a one-year period: a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 90 days, or both.
B. 
Each day that a cigarette or tobacco vending machine or self-service cigarette or tobacco display remains on any premises or on which tobacco is sold without the required warning sign shall constitute a separate and distinct offense.

§ 404-8 Additional remedies.

In addition to the penalties set forth in this chapter, the Department of Health of the City of Englewood may suspend the retail food license of any person or retail food service establishment convicted of a violation of this chapter for a third or each subsequent offense during a one-year period, pursuant to the authority of the Board of Health to license and regulate food service establishments as provided by N.J.S.A. 26:3-31(c).
[Adopted 7-29-2014 by Ord. No. 14-21]

§ 404-9 Definitions.

As used in this article, the following words shall have the following meanings:
CITY BUILDINGS
Includes all structures owned, leased, rented and/or operated by the City of Englewood, and/or occupied by City employees and used for official business of the City of Englewood.
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields, publicly owned or leased by the City of Englewood and all property owned or leased by the City of Englewood upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

§ 404-10 Prohibition of smoking in public places; signs.

A. 
Smoking shall be prohibited in all City buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each City building entrance and within each closed area where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
B. 
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all City buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of all City buildings where smoking is prohibited by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.
C. 
Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the City of Englewood and all property owned or leased by the City of Englewood upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this article. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.
D. 
Smoking shall be prohibited in any vehicle registered to the City of Englewood.

§ 404-11 Enforcement.

The enforcement authority of this article shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the City of Englewood.

§ 404-12 Violations and penalties.

Any person who violates any provision of this article shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any City employee found in violation of this article may also be subject to discipline in accordance with the provisions of the City of Englewood's policies and procedures.