City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the City of East Orange 12-18-2012 by Ord. No. 2-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 60.
As used in this chapter, the following words shall have the following meanings:
CITY
The City of East Orange.
[Added 9-10-2018 by Ord. No. 38-2018]
ENCLOSED AREA
All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.
HEALTH DEPARTMENT
The Department of Health and Human Services of the City of East Orange.
[Added 9-10-2018 by Ord. No. 38-2018]
HEALTH OFFICER
The Health Officer of the City of East Orange or his/her designee.
[Added 9-10-2018 by Ord. No. 38-2018]
LICENSE
Any license issued by the City, including, but not limited to, a liquor license, a license to sell or distribute food and beverages or a license to permit vending machines and/or mechanical amusement devices.
[Added 9-10-2018 by Ord. No. 38-2018]
LIQUOR LICENSE
Any license to sell or distribute alcoholic beverages issued by the City pursuant to the laws of the State of New Jersey.
[Added 9-10-2018 by Ord. No. 38-2018]
MINOR
Any male or female under the age of 18 years of age.
[Added 9-10-2018 by Ord. No. 38-2018]
MUNICIPAL BUILDINGS
Includes all structures owned, leased, rented and/or operated by the City of East Orange, and/or occupied by City employees and used for official business of the City of East Orange.
NICOTINE DELIVERY PRODUCT
Any product that is designed to deliver nicotine, nicotine vapor or non-nicotine vapor, including, but not limited to, any type of electronic smoking device defined as an electronic or other powered 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, or any cartridge or other component of the device or related product, including, but not limited to, any substances used in such devices, such as liquids or powders or other forms of tobacco, but excluding United States Food and Drug Administration approved nicotine patches or nicotine chewing gum.
[Added 9-10-2018 by Ord. No. 38-2018]
PARKS AND RECREATIONAL FACILITIES
Includes all public parks, playgrounds, ball fields publicly owned or leased by the City of East Orange, and all property owned or leased by the City of East Orange 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, and including, but not limited to, any parking area driveway or drive aisle.
PERSON
An individual, partnership, corporation, cooperative association, personal representative, receiver, trustee, assignee or any other legal entity.
[Added 9-10-2018 by Ord. No. 38-2018]
PUBLIC PLACE
Any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the City and maintained for use by the general public.
[Added 9-10-2018 by Ord. No. 38-2018]
SMOKING
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.
TOBACCO
Any product made from the tobacco plant for the purpose of, including but not limited to, smoking, chewing, inhaling or other use, including but not limited to cigars, chewing tobacco, pipe tobacco, snuff, shisha and cigarettes in any form, or shall mean any other matter or substance which can be smoked.
[Added 9-10-2018 by Ord. No. 38-2018]
TOBACCO RETAILER
Any person that operates a store, stand, booth, concession or place at which sales of tobacco are made, including a person that owns, operates or uses a vending machine.
[Added 9-10-2018 by Ord. No. 38-2018]
VENDING MACHINE
Any automated self-service device which, upon insertion of money, tokens or other form of payment, dispenses a tobacco product or nicotine delivery product.
[Added 9-10-2018 by Ord. No. 38-2018]
A. 
Smoking shall be prohibited in all municipal 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 municipal building entrance and within each closed area where smoking is prohibited by this section. 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.
B. 
Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal 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 municipal buildings when smoking is prohibited by this section. The signs shall be clearly visible to the public and shall contain letters or a symbol, which 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 East Orange and all property owned or leased by the City of East Orange 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, and 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 section. 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 East Orange.
[Added 9-10-2018 by Ord. No. 38-2018]
A. 
No person shall sell, distribute or give tobacco or nicotine delivery products in the City of East Orange unless an employee of the establishment controls the sale of such products. A person may only sell tobacco or nicotine delivery products in a direct, face-to-face exchange between the retailer and the consumer. Self-service displays and all vending machines of tobacco or nicotine delivery products shall be prohibited.
B. 
No person shall sell, distribute, or give tobacco or nicotine delivery products to any person under the age of 21 years.
C. 
The purchase or attempted purchase, taking or borrowing of any tobacco product by or on behalf of a person under the age of 21 is prohibited.
[Added 9-10-2018 by Ord. No. 38-2018]
A. 
Any retailer, employee or other person selling, distributing or giving tobacco 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.
B. 
No clerk shall sell, furnish or give tobacco or nicotine delivery products to a person less than 21 years of age who has a note or any form of communication from any person, including an adult.
[Added 9-10-2018 by Ord. No. 38-2018]
The following six-inch by eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products and/or nicotine delivery products:
SALE OF TOBACCO PRODUCTS OR NICOTINE DELIVERY PRODUCTS TO PERSONS 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 OR A NICOTINE DELIVERY PRODUCT TO A PERSON UNDER 21 YEARS OF AGE MAY BE PROSECUTED IN ACCORDANCE WITH STATE STATUTES AND CITY OF EAST ORANGE ORDINANCES. THE PURCHASE OR ATTEMPTED PURCHASE, TAKING OR BORROWING OF TOBACCO PRODUCTS OR NICOTINE DELIVERY PRODUCTS BY PERSONS UNDER THE AGE OF 21 IS PROHIBITED BY LAW. A person UNDER AGE 21 who PURCHASES OR ATTEMPTS TO PURCHASE, TAKE OR BORROW a tobacco product OR A NICOTINE DELIVERY PRODUCT to a person under 21 years of age may be prosecuted in accordance with State Statutes and CITY OF EAST ORANGE ORDINANCES. IF YOU ARE AWARE OF ANY RETAILER WHO IS VIOLATING THIS SECTION OF THE LAW, PLEASE CONTACT THE EAST ORANGE HEALTH DEPARTMENT AT (973) 266-5109.
[Added 9-10-2018 by Ord. No. 38-2018]
Self-service displays and vending machines of tobacco or nicotine delivery products shall be prohibited.
[Amended 9-10-2018 by Ord. No. 38-2018]
A. 
Whenever the Health Officer, or his or her designee, or a police officer of the City of East Orange reasonably believes there exists a violation of this chapter, such officer shall issue a summons and complaint not later than 30 days 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 subsection(s) of this chapter alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
B. 
The Health Officer, his/her designee or a police officer of the City, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premises, place, person, record, incident or event as necessary to enforce the provisions of this chapter.
C. 
It shall be unlawful for any person to molest, willfully oppose, or otherwise act to interfere with or obstruct the Health Officer or his/her designee or any police officer in the performance of duties under this section. The Health Officer or designee may request the assistance of the police department when necessary to execute his or her official duty in the manner prescribed by law.
D. 
Citizens may bring complaints against violators of this chapter.
[Amended 9-10-2018 by Ord. No. 38-2018]
A. 
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this chapter shall, upon conviction thereof, pay a fine of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation. Each violation, and every day in which a violation occurs, shall constitute a separate violation. The 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. 
In addition, any violator of this chapter shall be subject to having any City license held by the violator suspended, revoked or fined. No such action may be taken unless the requirements of due process are satisfied.
C. 
Any person who continually violates this chapter may also be charged in the Municipal Court or in Superior Court with maintaining a nuisance.
D. 
These penalties are in addition to any penalties that may be imposed, including but not limited to penalties imposed by the New Jersey Code of Juvenile Justice, N.J.S.A. 2A:170-51 et seq.,[1] and N.J.S.A. 2C:33-13.1 et seq.
[1]
Editor's Note: N.J.S.A. 2A:170-51 was repealed by L.1999, c. 90, § 19, effective 5-3-1999. See now N.J.S.A. 2A:4A-20 et seq.
E. 
Each sale, furnishing or giving of tobacco and/or a nicotine delivery product to any person under the age of 21, and each purchase or alleged purchase, taking or borrowing of tobacco or a nicotine delivery product, shall constitute a separate violation.
F. 
Fines and sanctions associated with this section shall be dedicated and forwarded to the Health Department to be used in connection with education and enforcement of this chapter. The monies shall be maintained by the Chief Financial Officer or Comptroller of the City of East Orange.
G. 
Individuals under the age of 21 who unlawfully purchase or attempt to purchase, take or borrow any tobacco product or nicotine delivery product may be subject to completing tobacco-related education classes, diversion programs, or community service programs.