[HISTORY: Adopted by the Township Council of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-16-2009 by Ord. No. 09-2 (Ch. 150, Art. II, of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any building or enclosed structure within the Township of
Washington which is open to the public, and any street, road, roadway,
sidewalk, walkway, park, open space, pathway, parkland, right-of-way
or easement located within the Township of Washington 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 person under the age of 19 years old.
A.
It shall be unlawful for any person under the age of 19 years to
smoke or use tobacco in or on any public place or possess in open
view an unopened pack, opened pack, opened carton or other open container
holding tobacco in any public place.
B.
This section shall not apply to a youthful offender smoking or using
tobacco in a nonpublic place which constitutes the residence of the
youthful offender or his or her parent or parents or guardian.
A violation by a youthful offender of § 402-2A above shall be enforced as follows:
A.
First offense. Any youthful offender violating § 402-2A above shall, upon conviction in Municipal Court, be ordered to attend with at least one parent or guardian of the youthful offender an education program approved by the Township of Washington Police Department or the Township Health Department.
B.
Second offense. Upon conviction in Municipal Court of a second offense,
the youthful offender shall be required to perform community service,
which will be determined and imposed by the Municipal Court Judge,
and pay a fine of $250.
C.
Third offense and subsequent offenses. Upon conviction in Municipal
Court of a youthful offender of a third or subsequent offense, the
youthful offender will be required to perform not less than 40 hours
of community service, which will be determined and imposed by the
Municipal Court Judge, and pay a minimum fine of $500.
D.
This article shall require at each hearing in Municipal Court at
least one parent or guardian of the youthful offender who has been
charged to appear.
E.
If a violation under this article is charged against a youthful offender,
notice of the occurrence of such charge shall be mailed to the parent
or guardian of the youthful offender at his or her last known address.
[Adopted 3-18-2019 by Ord. No. 19-02[1]]
As used in this article, the following terms shall have the
meanings indicated:
All areas between a floor and a ceiling, extending to the
outer perimeter walls of a structure.
All structures owned, leased, rented, and/or operated by
the Township of Washington, and/or occupied by Township employees
and used for official business of the Township of Washington.
Any product that is designed to deliver nicotine or vapor,
including, but not limited to, what are commonly known as "e-cigarettes"
or other types of electronic smoking devices, or any cartridge or
other component of such device, or related products, 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.
All public parks, playgrounds, and ball fields publicly owned
or leased by the Township of Washington and all property owned or
leased by the Township of Washington 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.
An individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
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 or vapor device.
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 person or entity that operates a store, stand, booth,
concession, or place at which sales of tobacco or nicotine delivery
products are made to purchasers for consumption or use. The term shall
also mean any person or entity that owns, operates, or uses a tobacco
vending machine and/or a tobacco vending machine location as defined
herein.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, dispenses nicotine delivery
products, cigarettes, or other tobacco products.
The room, enclosure, space, or area where a tobacco vending
machine is installed and operated.
A.
No person shall sell tobacco or nicotine delivery products in the
Township of Washington 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 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 or give tobacco or
nicotine delivery products to any person under the age of 21.
C.
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 checkout counters
notifying customers that proof of age is required to purchase tobacco
or nicotine delivery products.
D.
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
clerk shall sell 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.
E.
No person or 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 of Washington ordinances
and state laws pertaining to the sale or distribution of tobacco and
nicotine delivery products and the business owner or manager has signed
a statement that the employee has read such ordinances and state laws.
Such form statement will be supplied by the Township of Washington,
and the signed original statement shall be filed with the Township
of Washington, and a copy shall be kept on file by the tobacco retailer
and made available for review by the Township of Washington.
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 municipal buildings.
The sign 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 in all public parks and recreational
facilities owned or leased by the Township of Washington and all property
owned or leased by the Township of Washington 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 at all parks and
facilities 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.
C.
Smoking shall be prohibited in any vehicle registered to the Township
of Washington.
D.
No person shall remove or deface any sign erected by the Township
of Washington under this article.
E.
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this article.
[Amended 4-6-2020 by Ord. No. 20-03]
The provisions of this article shall be enforceable by the Police
Department, Fire Department, Recreation Department, Department of
Public Works and Health Department of the Township of Washington,
as well as by any other individual who observes a violation and wishes
to file a complaint. Any person seeking to enforce the provisions
of this article shall be authorized to file a complaint in the Municipal
Court of the Township of Washington.
A.
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.
B.
Any juvenile adjudicated to have violated the provisions of this
article shall be subject to such penalties, fines or other discipline
as may be imposed upon an adult pursuant to this article.
