[HISTORY: Adopted by the Mayor and Council of the Borough of Riverton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-1998 by Ord. No. 10-98[1]]
[1]
Editor's Note: This ordinance also provided that it shall be
liberally construed for the protection of the health, safety and welfare of
the citizens of the Borough of Riverton.
No person under the age of 18 shall purchase or, within or upon any
public place or area, use cigarettes or other tobacco products within the
Borough of Riverton.
As used in this article, the following terms shall have the meanings
indicated:
- PUBLIC PLACE
- 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 or any other right-of-way, park, playground and any other property owned by the borough, any mall or shopping enter, including business, industrial and commercial properties and any school property.
- TOBACCO PRODUCT
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
It shall be unlawful for a parent or guardian having legal custody of
a juvenile knowingly to permit or by inefficient control to allow the juvenile
to purchase or use cigarettes or other tobacco products in any public place.
The term "knowingly" includes knowledge which a parent should reasonably be
expected to have concerning the purchase or use of cigarettes or other tobacco
products by a juvenile in that parent's legal custody. It is intended
to hold parents and guardians to a reasonable community standard of parental
responsibility through an objective test. It shall, therefore, be no defense
that a parent was inattentive or indifferent to the activities or conduct
of such juvenile.
A.
If a police officer reasonably believes that a juvenile
is purchasing or using cigarettes or other tobacco products in a public place
in violation of this chapter, the officer shall so advise the juvenile and
take the juvenile into custody. The juvenile shall then provide his or her
name, age, address and telephone number and advise the officer where and how
to contact his or her parent or guardian. The juvenile shall then be taken
to the police station where a parent or guardian shall immediately be notified
to come and take custody of the juvenile.
B.
If the parent or guardian cannot be located or fails
to take custody of the juvenile, then the juvenile shall be released to the
juvenile authorities or, in appropriate cases, may be temporarily entrusted
to an adult neighbor or other person who will, on behalf of a parent or guardian,
assume responsibility for the juvenile.
C.
In the absence of documentary evidence, a police officer
may use his or her best judgment in determining age.
D.
Within 24 hours of the violation, the police officer
who took the juvenile into custody shall file a written report, in a form
to be prescribed by the Chief of Police, with the office of the Chief.
E.
In the case of a first violation, the Chief of Police
or his designee shall, by certified mail, send to the parent or guardian written
notice of the violation. The notice shall advise the parent or guardian of
his or her right to contest the charge in Municipal Court and that the failure
to contest the charge will be deemed an admission by the parent or guardian
that the violation occurred. The notice will further advise the parent or
guardian that there are no penalties for first offenses but that a subsequent
violation by the juvenile will result in the imposition of monetary penalties
upon the parent or guardian. This notice shall be deemed received upon mailing.
A.
If, after the parent or guardian receives the notice pursuant to § 117-4 of this article, the juvenile violates this chapter a second time, this shall be treated as a first offense by the parent. Upon a finding of parental culpability for the first parental offense, a parent shall be subject to a fine of $50. For each subsequent offense by a parent, the parent shall be subject to a fine as follows:
B.
The penalty for each offense thereafter
shall not be less than $500 and not more than $1,000.
