[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Retail establishments — See Ch. 330.
[Adopted 4-21-1998 by Ord. No. 98-06]
The City Council hereby adopts the following findings with respect
to this chapter:
A.
Eighty-nine percent of adult daily smokers started smoking by age
18; 71% were already daily smokers by that age (National Household
Surveys on Drug Abuse, 1991).
B.
Forty-four percent of teenagers who smoke regularly are daily smokers
(Teenage Attitudes and Practices Survey, 1993).
C.
Four and one-half million teenagers smoke with over 3,000,000 smoking
regularly and 1,500,000 experimenting (Teenage Attitudes and Practices
Survey, 1993).
D.
One-third to 1/2 of children who experiment with smoking become regular
smokers (Surgeon General's Report, 1994).
E.
The average teenager smoker has his/her first whole cigarette by
age 13 and becomes a daily smoker by age 14.5 (Teenage Attitudes and
Practices Survey, 1993).
F.
Sixty-three percent of teenage smokers consider themselves addicted
to cigarettes (Gallup Organization, 1994).
G.
Seventy percent of teenager smokers say that, given the chance to
do things differently, they would not have started smoking (Gallup
Organization, 1992).
H.
The younger a child begins smoking, the more likely it is that he/she
will become a heavy smoker as an adult (Surgeon General's Report,
1994).
I.
Over 3,000 minors become regular smokers each day.
J.
The United States Department of Health has determined that cigarettes
kill more Americans than AIDS, alcohol, car accidents, fires, illegal
drugs, murders and suicides combined.
K.
Minors are successful in purchasing cigarettes from vending machines
88% of the time (Surgeon General's Report, 1994).
L.
Minors are successful in purchasing cigarettes over the counter 67%
of the time (Surgeon General's Report, 1994).
M.
In a survey conducted by the American Cancer Society in 1995 of cigarette
vending machines in West Orange, New Jersey, 15 locations were surveyed
and at 11 locations there were successful buys where the vending machine
was equipped with a locking device, the locking devices were either
opened or the remote control was on top of the machine, thereby allowing
the minors to purchase cigarettes without ever speaking to an adult.
The sales clerks assisted the minors in making the buys by giving
them matches or change for the vending machines.
N.
The Council concludes on the basis of the foregoing findings and
studies that attempts at preventing the sale of cigarettes to minors,
short of the prohibition of cigarettes vending machines and the prohibition
of self-service cigarette or tobacco product displays, are ineffective
in curbing the sale of cigarettes and tobacco products to minors.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Health of the City of Englewood with statutory
powers under Title 28 of the New Jersey statutes.
The Department of Health of the City of Englewood.
The Health Officer appointed by the Board of Health of the
City of Englewood or his/her authorized designee.
An individual, partnership, cooperative, association, personal
representative, receiver, trustee, assignee or any other legal entity.
Any shelving or storing of cigarettes or tobacco products
in an area of an establishment to which customers have access and/or
in a location where a customer could reach the cigarettes or tobacco
products and take the same without the assistance of an employee of
the establishment.
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, regardless whether such devices are installed
with a locking device.
All cigarette or tobacco product vending machines are hereby
prohibited in the City of Englewood.
Self-service cigarette or tobacco product displays are prohibited,
and it shall be unlawful to offer for sale or to sell cigarettes or
tobacco products from a self-service display of cigarettes or tobacco
products in the City of Englewood.
[Amended 7-29-2014 by Ord. No. 14-20]
A.
No person shall sell tobacco products or nicotine delivery products
in the City of Englewood unless the sale of such products is controlled
by an employee of the establishment. A person may only sell tobacco
products or nicotine delivery products in a direct, face-to-face exchange
between the retailer and the consumer. Self-service displays of tobacco
products or nicotine delivery products shall be prohibited.
B.
No person shall sell tobacco products or nicotine delivery products
to any person under the age of 21 years or give tobacco products or
nicotine delivery products to any person under the age of 21.
C.
Retail establishments where tobacco products or nicotine delivery
products are sold shall conspicuously post and reasonably maintain
signs having a minimum size of six inches by eight inches where these
products are displayed and at all check-out counters notifying customers
that proof of age is required to purchase tobacco products or nicotine
delivery products.
D.
All clerks selling tobacco products or nicotine delivery products
shall verify by means of government-issued photographic identification
containing the bearer's date of birth that no person purchasing
the tobacco- or nicotine-containing products is younger than 21 years
of age. No such verification is required for any person over the age
of 26. No clerk shall sell tobacco products or nicotine delivery products
to a person under 21 years of age who has a note from an adult requesting
such sale.
E.
No person selling tobacco products or nicotine delivery products
shall allow an employee to sell or distribute such products until
the employee has read the Board of Health regulations and state laws
pertaining to the sale or distribution of tobacco products and nicotine
delivery products and has signed a statement that the employee has
read the regulations. Such form statement will be supplied by the
Board of Health and kept on file at the establishment subject to review
by the Board of Health.
A.
This chapter may be enforced by the Health Officer or his/her designee
or by any law enforcement officer of the City of Englewood by the
issuance and service of a summons or complaint.
B.
It is in violation of this chapter for any person to interfere, molest,
verbally abuse, willfully oppose or otherwise obstruct any person
charged with the enforcement of this chapter, after giving proper
identification, in the enforcement of this chapter.
C.
Citizens may bring complaints under this chapter by signing a complaint
with either the Englewood Health Department or the Englewood Police
Department.
D.
Any person charged with the enforcement of this chapter may enter
upon any retail establishment open to the public and where cigarettes
or tobacco products are sold for the purpose of inspecting any matter,
thing, premises, place, person, record, vehicle, incident or event
necessary to enforce this chapter.
A.
Any person who violates any provisions of this chapter shall, upon
conviction thereof, be subject to the following fines and penalties:
(1)
For the first offense in any one-year period: a fine not to exceed
$250.
(2)
For a second offense within a one-year period: a fine not to exceed
$800.
(3)
For a third and each subsequent offense within a one-year period:
a fine of not less than $100 nor more than $1,000 or imprisonment
for a term not to exceed 90 days, or both.
B.
Each day that a cigarette or tobacco vending machine or self-service
cigarette or tobacco display remains on any premises or on which tobacco
is sold without the required warning sign shall constitute a separate
and distinct offense.
In addition to the penalties set forth in this chapter, the
Department of Health of the City of Englewood may suspend the retail
food license of any person or retail food service establishment convicted
of a violation of this chapter for a third or each subsequent offense
during a one-year period, pursuant to the authority of the Board of
Health to license and regulate food service establishments as provided
by N.J.S.A. 26:3-31(c).
[Adopted 7-29-2014 by Ord. No. 14-21]
As used in this article, the following words shall have the
following meanings:
Includes all structures owned, leased, rented and/or operated
by the City of Englewood, and/or occupied by City employees and used
for official business of the City of Englewood.
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
Includes all public parks, playgrounds, ball fields, publicly
owned or leased by the City of Englewood and all property owned or
leased by the City of Englewood upon which the public is invited or
upon which the public is permitted and where individuals gather for
recreational activities, including all areas adjacent to such facilities,
including, but not limited to, any parking area, driveway or drive
aisle.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco or any other matter that can be
smoked, or the inhaling or exhaling of smoke or vapor from an electronic
smoking device.
A.
Smoking shall be prohibited in all City buildings as defined herein.
No-smoking signs or the international no-smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a diagonal red line through its cross section) shall
be clearly, sufficiently and conspicuously posted at each City building
entrance and within each closed area where smoking is prohibited by
this article. The signs shall be clearly visible to the public and
shall contain letters or a symbol which contrast in color with the
sign, indicating that smoking is prohibited therein. The sign shall
also indicate that violators are subject to a fine.
B.
Smoking shall be prohibited within a thirty-five-foot radius of the
front entrance of all City buildings. No-smoking signs or the international
no-smoking symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a diagonal red line through
its cross section) shall be clearly, sufficiently and conspicuously
posted both on the building and at the thirty-five-foot perimeter
of the front entrance of all City buildings where smoking is prohibited
by this article. The signs shall be clearly visible to the public
and shall contain letters or a symbol which contrasts in color with
the sign, indicating that smoking is prohibited therein. The sign
shall also indicate that violators are subject to a fine.
C.
Smoking shall be prohibited in all public parks and recreation facilities
owned or leased by the City of Englewood and all property owned or
leased by the City of Englewood upon which the public is invited or
upon which the public is permitted and where individuals gather for
recreational activities, including all areas adjacent to such facilities,
including, but not limited to, any parking area, driveway or drive
aisle, which have been designated with no-smoking signs. No-smoking
signs or the international no-smoking symbol (consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with
a diagonal red line through its cross section) shall be clearly, sufficiently
and conspicuously posted in all areas regulated by this article. The
signs shall be clearly visible to the public and shall contain letters
or a symbol which contrasts in color with the sign, indicating that
smoking is prohibited at the designated area. The sign shall also
indicate that violators are subject to a fine.
D.
Smoking shall be prohibited in any vehicle registered to the City
of Englewood.
The enforcement authority of this article shall be the Police
Department, Fire Department, Recreation Department, Public Works Department
and Health Department of the City of Englewood.
Any person who violates any provision of this article shall
be subject to a fine of not less than $250 for the first offense,
$500 for the second offense and $1,000 for each subsequent offense.
Any City employee found in violation of this article may also be subject
to discipline in accordance with the provisions of the City of Englewood's
policies and procedures.
