[HISTORY: Adopted by the City Council of the City of Atlantic
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-22-1998 by Ord. No. 40-1998]
A.Â
It shall be unlawful for any person, partnership, corporation, business
association or any other entity to display a tobacco advertisement
in a publicly visible location on or within 1,000 feet of the perimeter
of any school premises, designated school bus stop, day-care center,
park, playground, youth center or established place of worship within
the City of Atlantic City. Any such tobacco advertisements located
in said areas prior to the effective date of this article must either
be removed or permanently and completely covered at the time this
article takes effect.
B.Â
This section shall not apply to:
(1)Â
Any single sign, poster, placard or label within 10 feet of an entrance
to an establishment which sells tobacco products if such sign, poster,
placard or label is no larger than six square feet and contains only
black printing on white background; provided, however, that such sign
contains only one or more of the following words: "tobacco," "tobacco
products," "cigarettes," "cigars," "pipe tobacco," "chewing tobacco,"
"snuff," "sold here," "available," "for sale," "here."
(2)Â
Any tobacco advertisement on a licensed taxicab or autobus.
As used in this article, the following terms shall have the
meanings indicated:
Any public, private or parochial child-care center, school
age child-care program, day nursery school, kindergarten, play school
or other similar school or service.
An outdoor area open to the public where children play, which
contains play equipment such as sliding board, swing, jungle gym,
sandbox or see-saw, or which is designated as a public play area,
or which includes, but is not limited to, a baseball diamond or basketball
courts.
Any outdoor location visible to the public, including but
not limited to outdoor billboards, roofs and sides of buildings, water
towers and freestanding signboards; and doors or windows reasonably
visible to the public from the outside at a distance of two feet from
such doors or windows. The term "publicly visible location" shall
not include:
The building, grounds or facilities, or any portion thereof,
owned, occupied by or under the custody or control of public, private
or parochial institutions for the primary purpose of providing educational
instruction to students at or below the twelfth grade level.
Any words, pictures, posters, placards, signs, photographs,
symbols, devices, graphic displays or visual images of any kind, or
any combination thereof, the purpose or effect of which is to promote
the use or sale of a product, including, through the identification
of a brand of a tobacco product, a trademark of a tobacco product
or a trade name associated exclusively with a tobacco product.
Any designated indoor public, private or parochial facility,
other than a private residence or multiple-dwelling unit, which contains
programs which provide, on a regular basis, activities or services
for persons who have not yet reached the age of 18 years, to include
but not be limited to community-leased programs, after-school programs,
violence prevention programs, leadership development and vocational
programs, substance abuse prevention programs, individual or group
counseling, case management, remedial, tutorial or other educational
assistance or enrichment, art, music, dance and other recreational
or cultural activities, physical fitness activities and sports programs.
[Added 9-2-1998 by Ord. No. 48-1998; amended 11-25-2008 by Ord. No.
104]
Any person or persons who violate any provision of this article
shall, upon conviction thereof, be punished by a fine not exceeding
$2,000 or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Added 2-2-2000 by Ord. No. 63-1999]
Any owner and/or operator of dry-cleaning business within the
City of Atlantic City shall post all rates concerning the business
of dry cleaning. The rates shall be posted so as to be plainly visible.
