[HISTORY: Adopted by the Town of Canton as
indicated in article histories. Amendments noted where applicable.]
[Adopted 10-30-2001 by Ord. No. 213]
The purpose of this article is to prohibit the
dispensing of cigarettes, tobacco or smokeless tobacco products from
vending machines within the Town of Canton.
A.
Sections 53-344 and 53-344a of the General Statutes
make it unlawful for any person to sell, give, or deliver tobacco
to any individual under the age of 18 years.
B.
Section 12-289a(h) of the General Statutes authorizes
a municipality to impose restrictive conditions on the placement of
vending machines for cigarettes, tobacco, or smokeless tobacco products.
C.
Section 7-148(c)(7)(H)(xi) of the General Statutes
authorizes the municipality to provide for the health of the inhabitants
of the municipality and do all things necessary or desirable to secure
and promote the public health.
D.
Current laws and regulations have proved ineffective
and inadequate in preventing the illegal purchase of cigarettes by
children under the age of 18 years, particularly from cigarette vending
machines.
E.
An ordinance prohibiting the dispensing of cigarettes,
tobacco, and smokeless tobacco from vending machines within the Town
of Canton is necessary for the promotion of the health and welfare
of minors.
No person shall dispense, or cause to be dispensed,
cigarettes, tobacco, or smokeless tobacco products from vending machines
at any location within the Town of Canton. "Vending machine" means
a machine used for the purpose of automatically dispensing packaged
cigarettes, tobacco, or smokeless tobacco products after the proper
amount of payment by the purchaser.
B.
The Board of Selectmen may seek enforcement of the
provisions of this article by a civil action brought by the Town,
and, in such event, the violator shall pay the Town's cost of any
legal action, including reasonable attorneys' fees. In any action,
the Board of Selectmen may seek any of the following remedies:
C.
Any and all remedies which the Town has in enforcing
this article, at law or in equity, shall be cumulative, and two or
more or all of such remedies may be exercised at the same time.
[Added 9-25-2002 by Ord. No. 216]
This article has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 15, Citations, of this Code shall be followed.