[HISTORY: Adopted by the Township Council
of the Township of Marlboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-15-1994 by Ord. No. 29-94 (Ch.
136 of the 1981 Code); amended in its entirety 6-27-1996 by Ord. No. 24-96]
As used in this article, the following terms
shall have the meanings indicated:
The administrative officer of the Marlboro Township Health
Department or, in the absence of a municipal health department, the
administrative officer of the Monmouth County Board of Health and/or
their designees or authorized representatives.
Any member of the Police Department of the Township of Marlboro.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee or any other
legal entity.
Any racks, stands or other display devices from which a customer
may take tobacco products directly with only payment to be made to
the tobacco retailer.
Any product made from the tobacco plant for the purpose of
smoking, chewing, inhaling and/or any other personal consumption use,
including but not limited to cigars, chewing tobacco, pipe tobacco,
snuff and cigarettes in any form.
Any person or entity that operates a store, stand, booth,
concession or place at which sales of tobacco are made to purchasers
for consumption or use and shall mean a person or entity that owns
or operates a vending machine and/or a vending machine location.
Any type of automated self-service device which, upon the
insertion of money, tokens or any other form of currency or payment,
dispenses cigarettes or other tobacco products.
A.
Prohibition. It shall be unlawful for any person,
including a tobacco retailer, to sell, give or permit to be sold or
given to a person under the age of 18 years tobacco in any form.
B.
Sign requirement. All tobacco retailers must post
in a conspicuous place near each cash register a sign measuring not
less than six inches by eight inches containing the following language:
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"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 laws."
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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 which positively establishes
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.
A.
It shall be unlawful to offer for sale or to sell
tobacco through a tobacco vending machine in the Township of Marlboro.
B.
Self-service tobacco displays are prohibited in the
Township of Marlboro.
C.
It shall be unlawful to sell rolling papers in any
form or quantity to persons under the age of 18 years in the Township
of Marlboro.
All tobacco vending machines and self-service
tobacco displays 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 or his/her designee or
a law enforcement officer reasonably believes that there exists a
violation of this article, such officer or designee may issue a summons
and complaint not later than 60 days after discovery of the alleged
violation. The complaint shall be written and state with reasonable
particularity the nature of the violation, including reference to
the article and section of this article alleged to have been violated.
The complaint shall be delivered or sent by certified mail, return
receipt requested, to the alleged violator.
B.
The Health Officer, his/her designee or law enforcement
officer 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.
C.
It shall be unlawful for any person to molest, wilfully
oppose, verbally abuse or otherwise obstruct the Health Officer, his
or her designee or a law enforcement officer who may request the assistance
of the Marlboro Township Police Department or other police agency
or peace officer when necessary to execute his or her official duty
in a manner prescribed by law.
D.
Citizens may bring complaints against violators of
this article.
A.
Unless otherwise provided by law, statute or ordinance, any person violating any of the provisions of this article shall, upon conviction thereof, be punished as provided in § 4-3 of the Code. Complaint shall be made in the Municipal Court or before such other judicial officer having authority under the laws of the State of New Jersey.
B.
Each sale of tobacco and/or rolling papers to a minor
shall constitute a separate violation. Each day that a tobacco vending
machine or self-service tobacco display remains on any premises or
that tobacco is sold without the required sign shall constitute a
separate and distinct offense.
C.
The Health Officer may suspend the retail food establishment
license of any person convicted of a violation of this article for
a period not to exceed three days pursuant to the authority contained
in N.J.S.A. 26:3-31c, which governs the licensing and regulation of
food establishments.
[Adopted 8-13-2015 by Ord. No. 2015-11]
The following are the purposes of this article:
A.
The United States Surgeon General has determined that there is no
safe level of exposure to secondhand smoke and that nonsmoking Americans
exposed to secondhand smoke in public places are at significantly
increased risk of heart disease and lung cancer (see U.S. Department
of Health and Human Services, the Health Consequences of Involuntary
Exposure to Tobacco Smoke: a report of the Surgeon General, U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion, National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
2006);
B.
Smoking is the leading cause of death in the United States and the
United States Centers for Disease Control and Prevention has determined
that reduction of the death and disease caused by tobacco use and
exposure to secondhand smoke is one of the six top national healthcare
priorities;
C.
Pursuant to N.J.S.A. 40:48-1, Marlboro is given the authority to
adopt ordinances for the public health, safety and welfare of the
Township, its citizens, residents and guests; and
D.
The New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-63) ("NJSFAA")
specifically authorizes local restrictions on smoking "equivalent
to, or greater than" those provided in the NJSFAA for purposes of
"protecting public health."
As used in this article, the following terms shall have the
following definitions:
An electronic 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.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling of smoke or vapor from an electronic smoking
device.
There is hereby established in front of the municipal building
located at 1979 Township Drive within the Township of Marlboro a one-hundred-sixty-foot
smoke-free zone wherein the smoking of any form of tobacco product,
either a cigarette, cigar, pipe or the inhaling of smoke or vapor
from an electronic smoking device, is strictly prohibited. The one-hundred-sixty-foot
smoke-free zone shall extend outward from the main entrance of the
municipal building at the council chambers.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be subject to a fine
of not less than $100 for the first offense, $250 for the second offense
and $500 for each subsequent offense.
