[HISTORY: Adopted by the Township Committee of the Township of Lumberton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-6-1999 by Ord. No. 1999-28]
A.
There exists conclusive evidence that tobacco smoke causes
cancer, respiratory diseases, cardiovascular disease, negative birth outcomes,
as well as irritations to the eyes, nose and throat. Both smokers and those
exposed to secondhand smoke are at risk. It is the opinion of the Township
Committee that nonsmokers should not be involuntarily exposed to tobacco smoke.
B.
Statistics reflect that more than 90% of all smokers
begin smoking before the age of 18 (the legal age to purchase cigarettes in
the state) and an estimated 3,000 minors begin smoking every day in the United
States. There is, therefore, an important health need to reduce easy access
to tobacco products by youths through strict enforcement of the state law
prohibiting sales to minors.
As used in this chapter, the following terms shall have the meanings
indicated:
All municipal offices, police station, fire stations, schools and
school administration, water treatment plants, Department of Public Works,
emergency squad building, library and any and all facilities owned and/or
operated by the Township of Lumberton.
Any individual, partnership, cooperative, association or corporation,
personal or representative, receiver, trustee, assignee or any other legal
entity.
Any product made from the tobacco plant for the purpose of smoking,
chewing, inhaling or any other 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 the purchaser for the consumption
or use. It shall also mean a person or entity which owns, operates or uses
a vending machine and/or a vending machine location.
Any automatic, self-service device which, upon the insertion of money,
tokens or any other form of payment dispenses cigarettes or other tobacco
products.
A.
It shall be unlawful to sell or otherwise provide tobacco
or tobacco products to a person under 18 years of age, which person shall
be considered a minor for purposes of this chapter.
B.
It shall be unlawful for any person to purchase tobacco
with funds furnished by a minor or with the intent to sell or give such a
product to a minor.
C.
It shall be unlawful to offer for sale or to sell tobacco
products from self-service displays. Tobacco products are to be stored for
sale in such a manner that only a sales clerk has physical access to same,
and said sales clerk shall manually obtain same upon customer request.
D.
Sign requirements. The following six-inch-by-eight-inch
sign shall be posted in a conspicuous place near each cash register in all
retail establishments in which tobacco products are sold.
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THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN 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 18 years of age may be
prosecuted in accordance with State and Local Ordinances.
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E.
Identification. It shall be unlawful for a tobacco retailer
to sell or permit to be sold tobacco to any individual without requesting
or examining identification from the purchaser, positively establishing the
purchaser's age as 18 years of age or greater, unless the seller has
some other conclusive basis for determining that the buyer is over the age
of 18 years.
F.
It shall be unlawful for any person under the age of
18 years to smoke or use a tobacco product in any public place or to possess
in open view a cigarette or tobacco product, an unopened cigarette pack, opened
carton or other opened container (as evidenced by a broken seal) holding a
tobacco product.
G.
The Drug-Free Zone Map produced by Richard A. Alaimo Associates, Municipal Engineers, adopted by Lumberton Township Ordinance No. 1998-27, as referenced in Chapter 141 of the Township Code, is hereby amended to include Tobacco-Free School and Property Zone whereby it shall be unlawful for anyone to sell, give, or permit to be sold or given to a person under 18 years of age tobacco in any form within the areas on or within 1,000 feet of such property. It shall also be unlawful for a person under 18 years of age to smoke or use a tobacco product 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 tobacco product in and/or on property as referenced in the Tobacco-Free/Drug-Free School and Property Zone Map.
H.
It shall be unlawful for a parent, legal guardian or
other person acting in place of a parent or legal guardian or person who is
responsible for the care and welfare of a minor under the age of 18 years
to allow that minor to possess any cigarettes made of tobacco or of any other
substance which can be smoked, any cigarette paper or tobacco in any form,
including but not limited to smokeless tobacco.
Smoking and the use of other tobacco products shall not be permitted
in any municipal building in Lumberton Township.
A.
Unless otherwise provided by law, a minor charged under
this section as a first offense with the use or purchase of a tobacco product
shall be served with a written warning which shall inform the minor of subsequent
penalties. A copy of said warning shall be sent to the minor's parents.
B.
Unless otherwise provided by law, statute or ordinance,
as to repeat minor offenders who use, purchase or possess tobacco products,
and as to any adult person violating any of the provisions contained within
this chapter, any person found to be in violation shall, upon conviction thereof,
pay a penalty of not less than $100 or more than $500 for each offense.
C.
Each sale or provision of tobacco to a minor shall constitute
a separate violation.
D.
Each day in which a vending machine is owned or operated,
rented or permitted on a premises subsequent to the effective date of this
chapter, shall constitute a separate violation.
E.
It shall primarily be the responsibility of the Police
Department to monitor and/or enforce this chapter, which shall do so through
periodic inspections or other legal means.
