[HISTORY: Adopted by the Township Committee
of the Township of Washington 10-20-1997 by Ord. No. 22-97 (Sec. 6-17
of the Revised General Ordinances); amended in its entirety 11-15-2021 by Ord. No.
17-21. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any product made from the cannabis plant for the purpose
of smoking, inhaling, aerosolizing, or other use. "Cannabis" does
not include medical cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et al.).
Any product that is designed to deliver cannabis, cannabis
vapor or non-cannabis vapor, including, but not limited to, any type
of electronic smoking device defined as an electronic or other powered
device that can be used to deliver cannabis, or aerosolize cannabis,
or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo or pipe,
or any cartridge or other component of the device or related product,
including, but not limited to, any substances used in such devices
such as liquids, gels or powders, or any forms of cannabis.
Any display promotion of tobacco/cigarette products in any
area of a store or food establishment not specifically behind a sales
counter and within the grasp of the public so as to be self-service.
Any person under 21 years of age.
Any product that is designed to deliver nicotine, nicotine
vapor or non-nicotine vapor, including, but not limited to, any type
of electronic smoking device defined as an electronic or other powered
device that can be used to deliver nicotine or other substances to
the person inhaling from the device, including, but not limited to,
an electronic cigarette, cigar, cigarillo or pipe, or any cartridge
or other component of the device or related product, including, but
not limited to, any substances used in such devices such as liquids,
gels or powders, or any forms of tobacco, but excluding United States
Food and Drug Administration approved nicotine patches or nicotine
chewing gum.
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and other personal use, including but not
limited to cigars, chewing tobacco, pipe tobacco, snuff, shisa and
cigarettes in any form, or shall mean any other matter or substance
which can be smoked.
Any person or entity that operates a store, stand, booth,
concession or place which sells tobacco; also a person or entity that
owns, operates or maintains a vending machine and/or vending machine
location.
Any automated, self-service device which, upon insertion
of money, tokens or any form of payment, dispenses cigarettes or other
tobacco products in any form.
A.Â
Prohibition.
(1)Â
The sale of cannabis products and cannabis delivery products is strictly
prohibited in the Township of Washington.
(2)Â
No person shall sell, distribute or give tobacco or nicotine delivery
products in the Township of Washington unless an employee of the establishment
controls the sale of such products. Self-service displays and all
vending machines of cannabis, cannabis delivery product, tobacco or
nicotine delivery products shall be prohibited.
(3)Â
No person shall sell, distribute, or give tobacco or nicotine delivery
products to any person under 21 years of age.
(4)Â
No person or tobacco retailer selling tobacco or nicotine delivery
products shall allow the retailer, employee or any other person to
sell, distribute or give such products until the retailer, employee
or other person has read the Washington Township Code, ordinances
and state laws pertaining to the sale or distribution of tobacco and
nicotine delivery products and has signed a statement that they have
read such ordinances and state laws. Such form statement will be supplied
by the Health Department and all signed original statements shall
be kept on file by the tobacco retailer and made immediately available
at all times for review by the Health Department. All retailers shall
be in compliance with this provision within 30 days of the effective
date of this section.
B.Â
Sign requirement - tobacco. The following six-inch-by-eight-inch
sign shall be posted in a conspicuous place near each cash register
in all retail establishments which sell tobacco products and/or nicotine
delivery products:
SALE, DISTRIBUTION OR GIVING OF TOBACCO PRODUCTS OR NICOTINE
DELIVERY PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY
LAW. LEGAL PROOF OF AGE MUST BE SHOWN. A PERSON WHO SELLS OR OFFERS
TO SELL A TOBACCO PRODUCT OR A NICOTINE DELIVERY PRODUCT TO A PERSON
UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUTES
AND THE TOWNSHIP OF WASHINGTON ORDINANCES. IF YOU ARE AWARE OF ANY
RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT
THE WASHINGTON TOWNSHIP HEALTH DEPARTMENT AT (908) 876-3650.
Any retailer, employee or other person selling, distributing
or giving tobacco or nicotine delivery products shall verify, by means
of government-issued photograph identification containing the bearer's
date of birth, that no purchaser of tobacco or nicotine containing
products is younger than 21 years of age. No such verification is
required for any purchaser over the age of 26. No retailer, employee
or other person shall sell, distribute or give tobacco or nicotine
delivery products to a purchaser younger than 21 years of age who
has a note or any form of communication from any person.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes
through a tobacco/cigarette vending machine or from a freestanding
or attached display of tobacco/cigarettes in the Township of Washington.
All tobacco/cigarette machines and freestanding or attached
displays of tobacco/cigarettes within the grasp of the public and
not specifically behind a sales counter made unlawful by the terms
of this chapter shall be removed within 30 days from the effective
date of this chapter.
A.Â
Whenever the Health Officer/Sanitarian or other authorized representative
of the Board of Health reasonably believes there exists a violation
of this chapter, he/she may issue a summons and complaint not later
than 90 days after discovery of the alleged violation. The complaint
shall be written and shall state with reasonable particularity the
nature of the violation, including reference to the article and section
of this chapter alleged to have been violated. The complaint shall
be delivered by the police or sent certified mail to the alleged violator.
B.Â
The Health Officer/Sanitarian or other authorized representative
of the Board of Health or any other person charged with enforcement
of this chapter, after giving proper identification, may inspect any
matter, thing, place, record, incident or event as necessary.
C.Â
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer/Sanitarian
or other authorized representative of the Board of Health, who may
request the assistance of the Washington Township Police Department
or other police agency or peace officer when necessary to execute
his or her official duty in the manner prescribed by law.
D.Â
Citizens may bring complaints against violators of this chapter through
the Board of Health or Police Department.
A.Â
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this chapter shall, upon conviction
thereof, pay a fine of $250 for the first offense, $500 for a second
offense and $1,000 for a third and each consecutive offense. Complaints
shall be made in Municipal Court of the Township of Washington or
before such other judicial officer having authority under the laws
of the State of New Jersey.
B.Â
The defendant may, after reading and understanding the penalties,
plead guilty to the charges and, after signing an affidavit, may pay
the appropriate fine to the Clerk of the Municipal Court, in lieu
of a court appearance.
C.Â
Each sale of tobacco/cigarettes to a minor shall constitute a separate
violation.
