[HISTORY: Adopted by the Board of Health
of the Township of Mantua as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-4-2004 by Ord. No. 16-2004 (Ch.
154, Art. I, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
An individual, partnership, corporation, cooperative, association
or any other legal entity.
It shall be unlawful for any person:
A.Â
To sell or permit to be sold, or offer to sell, any
tobacco product to any individual without first requesting and examining
identification from the purchaser positively establishing the purchaser's
age as 18 years or older, unless the seller has some other conclusive
basis for determining the buyer is over the age of 18 years; or
B.Â
To sell or permit to be sold any tobacco product to
a person under 18 years of age.
All tobacco vending machines are hereby prohibited
in the Township of Mantua. 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 Township
of Mantua.
A.Â
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.
B.Â
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 5-2-2004 by Ord. No. 01-06 (Ch.
154, Art. II, of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
For purposes of this article, any person employed by the
Township of Mantua in the capacity of enforcing the laws of the State
of New Jersey and the ordinances of the Township of Mantua. This would
include, but not be limited to, all sworn members of the Township
of Mantua Police Department.
For purposes of this article, as an individual, partnership,
corporation, cooperative, association, personal representative, receiver,
trustee, assignee or any other legal entity.
For purposes of this article, 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.
For purposes of this article, 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.
For purposes of this article, 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 Township of Mantua.
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.
A.Â
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 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.Â
Right of entry and inspection.
(1)Â
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,
premise, place, record, vehicle, incident or event as necessary.
(2)Â
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)Â
The Code Enforcement Officer, his/her designee, may
request the assistance of the Township of Mantua Police, or other
police agency or peace officer when necessary to execute his/her official
duty in a manner prescribed by law.
C.Â
Other laws and regulations. This article shall supplement
the ordinances contained in the Code of the Township of Mantua 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 Township of Mantua.
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 Township of Mantua,
be subject to a fine of $250 for a first offense, $500 for a second
offense, and $1,000 for a third and each subsequent violation. Each
day that a self-service cigarette or tobacco product display, or tobacco
advertising at child eye level, remains on any premises shall constitute
a separate and distinct offense.
The Township of Mantua 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 they pertain
to the health, safety, and welfare of the people of the Township of
Mantua.
