[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 7-13-1993 by Ord.
No. 93-22. Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
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.
A building or portion of a building owned or leased by the
Borough of Kenilworth.
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.
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.
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.
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.
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:58-10
et seq. Process shall be in the form of a summons and shall issue
from the Board of Health as plaintiff.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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]
As used in this article, the following terms shall have the
meanings indicated:
The Health Officer of the Borough of Kenilworth and/or his
or her authorized representatives.
An 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 cigars,
chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
Any automated, self-service device which, upon insertion
of money, tokens or any other form of payment, dispenses cigarettes
or other tobacco products.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the existing New Jersey state prohibitions regarding
the sale of tobacco products to minors under 21 years of age, the
following shall apply throughout the Borough of Kenilworth:
A.
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:
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SALE OF TOBACCO PRODUCTS TO MINORS 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 to a person under 21 years of age may be
prosecuted in accordance with state and local ordinances.
|
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 21 years or greater, unless the seller has some other conclusive
basis for determining the buyer is over the age of 21 years.
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.
It shall be unlawful to offer for sale or to sell tobacco through
a tobacco vending machine in the Borough of Kenilworth.
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.
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, premises, place,
person, record, vehicle, incident, or event as necessary to ensure
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. 26:3-31c and Chapter 202 of the Kenilworth Board of Health Code.
A.
If any 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 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 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.
This article shall take effect immediately upon passage and
publication as required by law.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
