[HISTORY: Adopted by the Township Council
of the Township of Evesham 2-20-1996 by Ord. No. 3-2-96. Amendments
noted where applicable.]
GENERAL REFERENCES
Drug-free school zones — See Ch. 69, Art. I.
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 Board of Health that nonsmokers should not be
involuntarily exposed to tobacco smoke.
B.
More than 90% of all smokers begin smoking before
the age of eighteen (the legal age to purchase cigarettes in the state),
and an estimated 3,000 minors begin smoking everyday 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.
[Amended 10-21-1997 by Ord. No. 27-10-97; 3-6-2018 by Ord. No.
2-3-2018]
A.
It shall be unlawful to sell or otherwise provide an electronic smoking
device, tobacco or tobacco products to a person under 21 years of
age, which person shall be considered a minor for purposes of this
chapter.
[Amended 6-9-2020 by Ord. No. 6-6-2020]
B.
It shall be unlawful for any person to purchase an electronic smoking
device or tobacco products 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 an electronic smoking
device or tobacco products from a self-service display. Tobacco products
are to be stored for sale in such a manner that only a sales clerk
has physical access to the same, and said sales clerk shall manually
obtain the same upon customer request.
D.
Sign requirements. The following minimum six-inch-by-three-inch sign
shall be posted in a conspicuous place near each cash register in
all retail establishments in which tobacco products are sold:
[Amended 6-9-2020 by Ord. No. 6-6-2020]
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"THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF TWENTY-ONE
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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E.
It shall be unlawful for any person under 21 years of age to smoke
or use a tobacco product or electronic smoking device in any public
place, or to possess in open view a cigarette or tobacco product,
an electronic smoking device, an opened cigarette pack, opened carton
or other opened container (as evidenced by a broken seal) holding
a tobacco product.
[Amended 6-9-2020 by Ord. No. 6-6-2020]
F.
Drug-free and cigarette-free school zones.
[Amended 6-9-2020 by Ord. No. 6-6-2020]
(1)
The Drug-Free School Zone Map produced by Richard A. Alaimo Associates, Municipal Engineer, adopted by Evesham Township Council Ordinance No. 2-1-89, as referenced in Chapter 69 of the Township Code, is hereby amended to include "Cigarette-Free School Zone" whereby it shall be unlawful for anyone to sell, give or permit to be sold or given to a person under 21 years of age tobacco in any form or an electronic smoking device within the areas on or within 1,000 feet of such school property.
(2)
It shall be also unlawful for a person under 21 years of age to smoke
or use a tobacco product or to possess in open view an electronic
smoking device, 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 in and/or on school property as referenced
in the Cigarette-Free/Drug-Free School Zone Map.
G.
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 21 years to allow
that minor to possess any electronic smoking device, 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.
[Amended 6-9-2020 by Ord. No. 6-6-2020]
[Amended 6-9-2020 by Ord. No. 6-6-2020]
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 21 years of age or greater, unless the seller
has some other conclusive basis for determining that the buyer is
over the age of 21 years.
As used in this chapter, the following terms
shall have the meanings indicated:
An electronic device that can be used to deliver nicotine,
cannabis, or other substances to the person inhaling from the device,
including, but not limited to, an electronic cigarette, cigar, cigarillo,
pipe.
[Added 3-6-2018 by Ord.
No. 2-3-2018]
All municipal offices, police stations, fire stations, schools
and school administration, water treatment plants, Department of Public
Works and any and all facilities owned and/or operated by the Township
of Evesham.
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 who or which operates a store, stand,
booth, concession or place at which sales of tobacco are made to the
purchaser for consumption or use. It shall also mean a person or entity
who or 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.
It shall be unlawful to offer for sale or to
sell tobacco through a tobacco vending machine in Evesham Township.
All tobacco vending machines shall be made unlawful
by the terms of this chapter, and all tobacco vending machines shall
be removed within 30 days from the effective date of this chapter.
Smoking and the use of other tobacco products
shall not be permitted in any municipal building in Evesham Township.
[Amended 10-21-1997 by Ord. No. 27-10-97]
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.
As to the repeat minor offenders who use or purchase
tobacco products, and as to all other violations under this section,
any person found to be in violation, upon conviction thereof shall
pay a penalty of not less than $50 nor more than $500 for each offense.
C.
Each sale or other 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 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.
