Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 7-13-1993 by Ord. No. 93-22. Amendments noted where applicable.]
[1]
Editor's Note: This article was originally designated as Chapter 218 but was renumbered as Chapter 166 to fit the alphabetical and organizational style of the Code.

§ 166-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOROUGH AGENCY
A commercial or other bureau furnishing some form of service for or to the public or otherwise under the general auspices of the Borough of Kenilworth.
MUNICIPAL BUILDINGS
A building or portion of a building owned or leased by the Borough of Kenilworth.

§ 166-2 Prohibited acts; exception.

A. 
Smoking is prohibited in all municipal buildings and borough agencies.
B. 
Outdoor facilities owned or leased by the Borough of Kenilworth and used for holding sports events, such as football, baseball or basketball, or those providing ambulatory recreation are excluded from this article.

§ 166-3 Posting of signs required.

All municipal buildings or agencies affected by this article shall be identified by signs posted by the department/division thereof with letters at least one inch in height stating "SMOKING PROHIBITED" or designated by the appropriate smoking prohibited international symbol. The letters or symbols shall contrast in color with the sign. Every sign required by this section shall be located so as to be clearly visible to the public and employees.

§ 166-4 Disciplinary action.

Where the Department of Health has reason to suspect that any official and/or employee may be in violation of this article, the Department shall first give written notice to the suspected violator and an opportunity to be heard. If the Department subsequently determines that this article has in fact been violated, the official and/or employee may be subject to disciplinary action pursuant to the appropriate laws, regulations and civil service guidelines.

§ 166-5 Violations and penalties; disposition of fines.

A. 
Any municipal health official engaged in executing or enforcing this article may order any person smoking in violation of § 166-2 to comply with the provisions of this article. Thereafter, any such person who smokes in a government building or agency shall be subject to a fine not to exceed $25.
B. 
Any penalty recovered under the provisions of this article shall be in the name of the Board of Health and paid into the treasury of the Borough of Kenilworth.

§ 166-6 Right to withhold public services.

A. 
Department/division heads shall have the right to withhold the services of his/her department/division to any member of the public who smokes in a municipal building or agency, provided that the department/division head and/or borough employee informs that person that smoking is prohibited. Services shall not be denied if the member of the public complies with the rules governing smoking after receiving notice.
B. 
Any person waiting for service in a municipal building/agency who leaves the building to smoke shall, upon reentering the building/agency, have the right to regain his/her position in the order of persons receiving those services.

§ 166-7 Enforcement.

A. 
The Municipal Court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this article. The proceedings shall be summary and in accordance with N.J.S.A. 2A:58-1 et seq. Process shall be in the form of a summons and shall issue from the Board of Health as plaintiff.
B. 
The Health Officer and his or her duly appointed agents shall be responsible for executing or enforcing this article against any member of the public found to be in violation hereof.
[Added 8-28-2002 by Ord. No. 2002-12]

§ 166-8 Definitions.

HEALTH OFFICER — The Health Officer of the Borough of Kenilworth and/or his or her authorized representatives.
PERSON
An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
TOBACCO
Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling and other personal use including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.

§ 166-9 Sale prohibited; sign required.

In addition to the existing New Jersey State prohibitions regarding the sale of tobacco products to minors under 18 years of age, the following shall apply throughout the Borough of Kenilworth. Sign requirements:
A sign having a minimum size of six inches by eight inches shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and shall contain the following language:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 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.

§ 166-10 Identification required.

It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.

§ 166-11 Self-service displays.

All self-service displays for tobacco products, including cigarettes and snuff are prohibited. All tobacco products must be dispensed to the customer by the clerk from a rack or display that is behind the counter.

§ 166-12 Tobacco vending machines; sales.

It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in the Borough of Kenilworth.

§ 166-13 Removal of tobacco vending machines.

All tobacco vending machines made unlawful by the terms of this article shall be removed within 30 days from the effective date of this article.

§ 166-14 Enforcement.

A. 
Whenever the Health Officer, Police Chief, other Borough official or one of their designees reasonably believes there exists a violation of this article, he/she may issue a complaint for summons, 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 in this chapter alleged to have been violated. The complaint shall be delivered or sent by certified mail to the alleged violator.
B. 
The Health Officer, Police Chief or one of their designees, or any other person charged with enforcement of this article, after giving proper identification, may inspect any matter, thing, premise, place, person, record vehicle, incident, or event as necessary to insure that the provisions of this article have not been violated.
C. 
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee who may request the assistance of the Borough of Kenilworth or the Kenilworth Police Department or other police agency or peace officer to assist in carrying out his or her official duties pursuant to this article.
D. 
The Health Officer may suspend the retail food establishment license of any person convicted of violation of this article for a period of not more than three days pursuant to the authority of the Health Officer to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c) and Chapter 202 of the Kenilworth Board of Health Code.

§ 166-15 Severability.

A. 
If any chapter, section, subsection or paragraph of this article is declared to be unconstitutional, invalid or inoperative, in whole or in part by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this article.
B. 
This article shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Kenilworth.

§ 166-16 When effective.

This article shall take effect immediately upon passage and publication as required by law.