[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-27-1999 by Ord. No. 9909]
It shall be unlawful for any person under the
age of 18 years of age of smoke or use a tobacco product in a public
place or to possess in open view a cigarette or tobacco product, an
opened cigarette pack, opened carton or other opened container (as
evidenced by a broken seal) holding a tobacco product.
All schools, both public and parochial, as well as any public park or recreational facility will also be cigarette-free zones for minors and will carry enhanced penalties for juveniles found in violation of this article. (See § 207-5 for additional information.)
As used in this article, the following terms
shall have the meanings indicated:
Any place or area to which the public is invited or upon
which the public is permitted, including, but not limited to, any
sidewalk, street, alley, park, playground, recreational field or area
or any other property owned by the City of Ventnor, including any
school property, both public and parochial.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling or other personal use, including but not
limited to cigars, chewing tobacco, pipe tobacco, snuff and cigarettes
in any form.
A.
First offense. For the first offense, the juvenile
will be issued a written warning. The written warning will include
all of the juvenile's pertinent information, including his/her parent/guardian
information. Upon issuance of this warning, the parent/guardian will
be contacted by the issuing officer and informed of the incident.
The parent/guardian will also be informed of subsequent penalties
for repeat offender(s).
B.
Second offense. For a second offense, the juvenile
will be issued a tobacco diversion summons and his/her parent/guardian
will be contacted upon issuance of said diversion summons. Once issued
the tobacco diversion summons, the accused juvenile(s) will be required
to attend a City-approved tobacco education cessation program to be
set by the Ventnor City drug/alcohol alliance. If the juvenile(s)
fails to complete the tobacco diversion program, juvenile complaints
will be signed and forwarded to Juvenile Court and, upon conviction,
the juvenile will be sentenced as a third offender and be required
to perform 25 hours of community service within the City of Ventnor
City.
C.
Third/subsequent offense(s). For a third and subsequent
offense(s), the juvenile(s) will be charged with violating this article
and, upon conviction, the juvenile will be required to perform a minimum
of 25 hours and a maximum of 100 hours of community service in the
City of Ventnor City.
D.
Offenses in school zones and public parks/recreational
zones. If the second or third offense(s) occur within any area specified
above, the juvenile offender(s) shall be required to complete double
the amount of community service from 50 to 200 hours of community
service.
A.
Any person who is found guilty of violating the section
of this article pertaining to providing tobacco products to minors
will be subject to a fine of not more than $1,000 and be required
to perform 50 hours of community service with the City of Ventnor
City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person found guilty of violating the section of
this article pertaining to providing tobacco products to juveniles
in a school zone or public parks/recreational zones will have his/her
fines and community service doubled.
It shall be the responsibility of the Ventnor
City Police Department to monitor and/or enforce this article.
