[HISTORY: Adopted by the Board of Health
of the Borough of Glassboro as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Smoking in restaurants — See
Ch. 504.
[Adopted 2-27-1995 by Ord. No. 95-1]
A "person" is defined for purposes of this article
as an individual, partnership, corporation, cooperative, association
or any other legal entity.
[Amended 5-28-2019 by Ord. No. 19-15]
It shall be unlawful for any person:
A.
No person shall sell or give to a person under the age of 21 years
of age any cigarettes made of tobacco or of any other matter or substance
which can be smoked, or any cigarette paper or tobacco in any form,
including smokeless tobacco, or any electronic smoking 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, or any cartridge or other component
of the device or related product.
B.
The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to Subsection A of this section.
(1)
That the purchaser or recipient of the tobacco product or electronic
smoking device falsely represented, by producing either a driver's
license or non-driver identification card issued by the New Jersey
Motor Vehicle Commission, a similar card issued pursuant to the laws
of another state or the federal government of Canada, or a photographic
identification card issued by a county clerk, that the purchaser or
recipient was of legal age to purchase or receive the tobacco product
or electronic smoking device.
(2)
That the appearance of the purchaser or recipient of the tobacco
product or electronic smoking device was such that an ordinary prudent
person would believe the purchaser or recipient to be of legal age
to purchase or receive the tobacco product or electronic smoking device;
and
(3)
That the sale or distribution of the tobacco product or electronic smoking device was made in good faith, relying upon the production of the identification set forth in Subsection B(1) of this section, the appearance of the purchaser or recipient, and in the reasonable belief that the purchaser or recipient was of legal age to purchase or receive the tobacco product or electronic smoking device.
All tobacco vending machines are hereby prohibited
in the Borough of Glassboro. 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 Borough of
Glassboro.
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.
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 7-18-2006 by Ord. No. 1-06]
As used in this article, the following terms
shall have the meanings indicated:
Any person employed by the Borough of Glassboro in the capacity
of enforcing the laws of the State of New Jersey and the ordinances
of the Borough of Glassboro. This would include, but not be limited
to, all sworn members of the Borough of Glassboro Police Department.
An individual, partnership, corporation, cooperative, association,
personal representative, receiver, trustee, assignee or any other
legal entity.
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.
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.
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 Borough of Glassboro.
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.
[Amended 5-28-2019 by Ord. No. 19-15]
A sign having a minimum size of eight inches
by 10 inches shall be posted in a conspicuous location near each cash
register in all retail establishments which sell tobacco products
and shall contain the following language:
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SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE
AGE OF 21 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 21 years of age may be prosecuted in accordance with state and
local ordinances.
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The sale or distribution of single cigarettes
or any tobacco product in any form other than an original factory-wrapped
and sealed package is hereby prohibited.
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 the 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,
premises, 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 Borough of Glassboro 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 Borough of Glassboro 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 Borough of Glassboro.
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 Borough of Glassboro,
be subject to a fine of $250 for a first offense, $500 for a second
offense, and $1,000 for a third and subsequent violation. It shall
be a separate and distinct offense for each day that a tobacco retailer
continues to attempt to sell any cigarette or tobacco product, as
defined above, by using a self-service cigarette or tobacco product
display, or by advertising its tobacco and/or tobacco-related products
at child eye level.
A.
The Borough of Glassboro 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 it pertains
to the health, safety, and welfare of the people of the Borough of
Glassboro.
B.
If any section, subsection or paragraph of this article
is declared to be unconstitutional, invalid or inoperative, in whole
or in part, by a court of competent jurisdiction, such section, subsection
or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and such
determination shall not be deemed to invalidate the remaining sections,
subsections and paragraphs of this article.
