[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford as indicated in article histories.
Amendments noted where applicable.]
[Adopted 11-12-1997 by Ord. No. 97-20]
As used in this article, the following terms
shall have the meanings indicated:
Any building or enclosed structure open to the public, and
any street, road, sidewalk, walkway, park or open space located within
the Borough of East Rutherford and which is open to the public.
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.
A.Â
It shall be unlawful for any person under the age
of 18 years to smoke or use a tobacco product in or on any public
place or to possess in open view an opened pack, opened carton or
other opened container holding a tobacco product in any public place.
B.Â
This article shall not apply to a minor smoking or
using tobacco in a nonpublic place which constitutes the residence
of the minor or his or her parent or parents or guardian.
A.Â
A violation by a minor of this article shall be enforced
as follows:
(1)Â
First offense.
(a)Â
A verbal warning will be given to the offender
by the officer observing the violation. Any tobacco product in possession
of the juvenile will be taken by the police when the violation is
observed by the same. The officer will take the offender's name, age,
address and telephone number, along with information on parents or
guardians. This information will be maintained at the Police Department,
along with the date and place of office. The same information will
be taken and maintained when given by a concerned private citizen.
(b)Â
Unless there are other violations outstanding
or the offender is uncooperative, he or she will not be taken in custody
for this violation. The information obtained will be turned over to
the Juvenile Officer who will advise the parent or guardian of the
incident.
(2)Â
Second offense. The officer observing the violation
will take all necessary information along with removing any tobacco
products from the juvenile. The Juvenile Officer or his designee will
arrange a station house adjustment with the offender and the offender's
parents or guardians. The station house adjustment will involve discussion
of the third phase of enforcement. In addition, educational materials
will be provided for the offender and family. This information will
be maintained at the Police Department, along with the date and place
of office. The same information will be taken and maintained when
given by a concerned private citizen.
(3)Â
Third offense.
(a)Â
The officer observing the violation will take
all necessary information, along with removing any tobacco products
from the juvenile. The Juvenile Officer or his designee will arrange
to have the juvenile attend a two-hour educational program to be run
by the East Rutherford Police Department, or they can be referred
to a similar program such as the current program being conducted by
Valley Hospital. Attendance at this program is required by the juvenile.
A parent or guardian may also attend the entire program. If the parent
or guardian does not attend the entire program, then a follow-up conference
is required with the Juvenile Officer or his designee. This information
will be maintained at the Police Department, along with the date and
place of office. The same information will be taken and maintained
when given by a concerned private citizen.
(b)Â
If a period of two years or more passes after
the commission of the third offense, the next offense will not be
considered a fourth offense, but the procedure for a third offense
violation will be repeated.
(4)Â
Fourth offense. The officer observing the violation
will take all necessary information along with removing any tobacco
products from the juvenile. The Juvenile Officer or his designee will
arrange to have the juvenile attend a six-session smoke-stop program
offered by the Community Education Program at Valley Hospital or a
equivalent program. All costs involved for these programs shall be
paid by the offender. This information will be maintained at the Police
Department, along with the date and place of office. The same information
will be taken and maintained when given by a concerned private citizen.
(5)Â
Fifth offense. The officer observing the violation
will take all necessary information, along with removing any tobacco
products from the juvenile. A juvenile complaint will be issued to
the offender for appearance in Juvenile or Municipal Court. This information
will be maintained at the Police Department, along with the date and
place of office. The same information will be taken and maintained
when given by a concerned private citizen.
B.Â
In the event that the offender does not comply with
any of the requirements set forth in first, second, third or fourth
offenses, a complaint will be issued to the offender for the initial
and any subsequent violations.
This article is intended to implement N.J.S.A.
2A:170-51 et seq.
[Adopted 5-19-2015 by Ord. No. 2015-03]
For purpose of this article, the following terms shall have
the meanings set forth:
Any products which are designed to deliver nicotine or vapor,
including what are commonly known as "e-cigarettes" and used as a
substitute for cigarettes or other forms of tobacco but excluding
nicotine patches or nicotine chewing gum.
Any tobacco products that are suitable for dipping or chewing,
such as snuff, chewing tobacco or dipping tobacco.
Any substance containing tobacco including, but not limited
to, cigars, cigarettes, pipe tobacco and smoke tobacco.
No person shall sell tobacco, smokeless tobacco, or nicotine
delivery products in the Borough of East Rutherford unless the sale
of such products is controlled by an employee of the establishment.
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 of tobacco or nicotine delivery products shall
be prohibited.
No person shall sell tobacco or nicotine delivery products to
any person under the age of 21 years or give tobacco or nicotine delivery
products to any person under the age of 21.
Any person selling 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. No
person shall sell tobacco or nicotine delivery products to a person
under 21 years of age who has a note from an adult requesting such
sale.
Tobacco retailers shall conspicuously post and reasonably maintain
signs, having a minimum size of six inches by eight inches, where
tobacco or nicotine delivery products are displayed and at all check-out
counters notifying customers that proof of age is required to purchase
tobacco or nicotine delivery products.
No tobacco retailer selling tobacco or nicotine delivery products
shall allow an employee to sell or distribute such products until
the employee has read the Township ordinances and state laws pertaining
to the sale or distribution of tobacco and nicotine delivery products
and has signed a statement that the employee has read such ordinances
and state laws. Such form statement will be supplied by the Health
Department, and the signed original statement shall be filed with
the Health Department, and a copy shall be kept on file by the tobacco
retailer and made available for review by the Health Department.
A.Â
Any person who violates the provisions of this article shall be punished
by a fine not exceeding $500, or by imprisonment for a period not
exceeding 90 days, or by both such fine and imprisonment.
B.Â
Each sale of tobacco to a minor, each day the required sign is not
posted, each day a prohibited vending machine remains on the premises
after the required removal date and each incident of failure to require
identification shall constitute a separate violation.
C.Â
In addition, the Health Department may suspend the retail food establishment
license of any person convicted of a violation of this chapter, for
a period of not more than three days as provided by N.J.S.A. 26:3-31(c).
