[HISTORY: Adopted by the City Council of the City of Paterson
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-21-2012 by Ord. No. 12-021]
As used in this article, the following terms shall have the
meanings indicated:
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.
No person shall smoke within the boundaries of public parks,
playgrounds, ball fields, and similar property that is owned or otherwise
possessed by the City of Paterson 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 has been designated with no-smoking signs.
A sign shall be clearly, sufficiently and conspicuously posted
at every property where smoking is prohibited by this article. The
sign(s) shall state "Smoke-Free Zone" or "This Public Property is
100% Smoke Free" or substantially similar language, written in lettering
that is not less than two inches in height, and shall contain the
international no-smoking sign or symbol.
This article shall be enforced by the City of Paterson Police
Chief, Fire Chief, Health Officer, and/or Director of Public Works
and their designees.
Any person observed to be in violation of the provisions of
this article shall be issued a court summons and may be subject, at
the discretion of the court, to the following penalties:
[Adopted 10-27-2015 by Ord. No. 15-078]
As used in this article, the following words shall have the
meaning indicated:
An electronic device that can be used to deliver nicotine
or vapor or smoke or any matter that can be smoked or other substances
that can be smoked and that are not FDA-approved tobacco cessation
nicotine patches or nicotine chewing gum, including, but not limited
to, an electronic cigarette, cigar, cigarillo, pipe, hookah, electronic
and vape pen (portable vaporizers/cigarettes) or vaporizers, including
but not limited to alcohol vaporizers.
Any substance that can be smoked or vaporized, including
but not limited to alcohol or Salvia divinorum, synthetic cannabinoids
or items similar to or commonly referred to as "K2" or "spice," shredded
plant material that is typically sprayed with a synthetic compound
chemically similar to THC (the psychoactive ingredient in marijuana),
synthetic cannabis, fake pot, synthetic marijuana, legal weed, herbal
incense or potpourri or other smoke blends or spray-on liquids.
(Natural or synthetic) An addictive chemical which is made
by several types of plants, including the tobacco plant, or produced
synthetically that has powerful pharmacologic effects (including increased
heart rate, heart stroke volume, and oxygen consumption by the heart
muscle), as well as powerful psychodynamic effects (such as euphoria,
increased alertness, and a sense of relaxation). Nicotine is the primary
addictive agent in cigarettes, chewing tobacco, and cigars. Liquid
nicotine is commonly used in electronic smoking devices like e-cigarettes,
e-hookah and hookah pens.
Any product that is designed to deliver tobacco or nicotine
or vapor or smoke or any matter that can be smoked, including, but
not limited to, electronic nicotine delivery systems, what are commonly
known as "e-cigarettes" or e-hookah or hookah pens or other types
of electronic smoking devices, or any cartridge or other component
of such device, or tobacco and nicotine paraphernalia or related products
including but not limited to any substance used in such devices, such
as liquids or powders or other forms of tobacco or nicotine, but excluding
United States Food and Drug Administration (FDA) tobacco cessation
approved nicotine patches and FDA tobacco cessation approved nicotine
chewing gum.
Any individual, partnership, cooperative, association, corporation,
personal representative, receiver, trustee, assignee, or any other
legal entity.
Implies that a product is directly accessible to the public
through, for example, a rack, shelf, or counter-top display.
The burning of, inhaling from, exhaling the smoke or vapor
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 vaporized, or the inhaling or exhaling of smoke
or vapor from a smoking device or electronic smoking device, including
but not limited to alcohol or other liquid vaporizing (smoking).
A device that can be used to deliver tobacco, nicotine, alcohol,
or any matter that can be smoked or vaporized, or that are not FDA
approved smoking cessation devices, including, but not limited to,
any electronic smoking devices, electronic cigarette, cigar, cigarillo,
pipe, bongs, hookah, electronic and vape pens (portable vaporizers/cigarettes)
or vaporizers, including but not limited to alcohol vaporizers.
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, dip, cigars and cigarettes in
any form.
Any person or entity that owns, leases, operates or otherwise
exercises control over a store, stand, booth, concession, or place
at which the selling, furnishing or giving of tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such products or
devices, or any other matters that can be smoked or vaporized, are
made to purchasers for consumption or use. The term shall also mean
any person or entity that owns, operates, leases or otherwise exercises
control over vending machines that dispense tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such devices, and
self-service displays of any and all such products.
Any automated, self-service device which, upon insertion
of money, tokens, or other form of payment, or uses a remote control
device to operate such machine, that dispenses tobacco, nicotine,
electronic smoking devices, and/or nicotine delivery products.
A.
Age 21 required to be sold product. No person or tobacco retailer
shall sell, furnish or give tobacco, tobacco products, nicotine, smoking
devices, electronic smoking devices or nicotine delivery products,
or liquids used in any and all such products or devices, or any other
matters that can be smoked or vaporized to anyone under the age of
21 years.
B.
Age 21 signs at point of sale. Tobacco retailers of tobacco, tobacco
products, nicotine, smoking devices, electronic smoking devices or
nicotine delivery products, or liquids used in any and all such products
or devices, or any other matters that can be smoked or vaporized shall
conspicuously post and reasonably maintain signs that are a minimum
size of six inches by eight inches at all check-out counters notifying
customers that they must be over 21 and proof of age is required to
purchase such products.
C.
No self-service sales. No person shall sell tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such products or
devices, or any other matters that can be smoked or vaporized in the
City of Paterson unless the tobacco retailer, person, owner or employee
of the establishment controls the retail sale of such products in
a direct, face-to-face exchange between the tobacco retailer and the
consumer, with all such products stored behind the counter and out
of grasp of the customers.
D.
Self-service displays and vending machines. Self-service displays
and vending machines that dispense tobacco, tobacco products, nicotine,
smoking devices, electronic smoking devices or nicotine delivery products,
or liquids used in any and all such products or devices, or any other
matters that can be smoked or vaporized shall be prohibited in facilities
where people under 21 are allowed, including but not limited to people
under 21 who are employees, contractors, visitors and patrons.
E.
Entrance signage. Each tobacco retailer shall conspicuously post
and reasonably maintain signs that are a minimum size of eight inches
by eight inches on all entrances notifying customers they must be
over 21 to enter their establishment if the tobacco retailer has self-service
displays or vending machines that dispense tobacco, tobacco products,
nicotine, smoking devices, electronic smoking devices or nicotine
delivery products, or liquids used in any and all such products or
devices, or any other matters that can be smoked or vaporized or mostly
sells these products, and not allow persons under age 21 to enter
such retail outlets.
F.
Age verification. Any person selling tobacco, tobacco products, nicotine,
smoking devices, electronic smoking devices or nicotine delivery products,
or liquids used in any and all such products or devices, or any other
matters that can be smoked or vaporized shall verify by means of government-issued
photogenic identification containing the bearer's date of birth
that nobody purchasing the tobacco or nicotine or nicotine delivery
products is younger than 21 years of age. No person shall sell tobacco
or nicotine or nicotine delivery products to anyone under 21 years
of age who has a note from an adult requesting such sale.
G.
Notice to employees. No tobacco retailer selling tobacco, tobacco
products, nicotine, smoking devices, electronic smoking devices or
nicotine delivery products, or liquids used in any and all such products
or devices, or any other matters that can be smoked or vaporized allow
any employers, managers, employees or persons to sell, furnish, give
or distribute such products until:
(1)
The tobacco retailer has provided each such employer, manager, employee
or person with this City article; and
(2)
Each such employer, manager, employee or person has read this article
in full and signed paperwork that they have read and understand this
article; and
(3)
That the tobacco retailer has filed each signed paperwork at the
retail location; and
(4)
The tobacco retailer shall also sign paperwork that they have read
and understand the laws, and such paperwork shall be retained on file
at the retail location.
A.
The enforcement authority for this article shall be the Paterson
Health and Human Services Director or his or her designee, Health
Officer or his/her designee, the Police Department or his/her designee.
B.
The enforcement authority may, after giving proper identification,
inspect any matter, thing, premises, place, person, record, vehicle,
incident, or event as necessary to execute his or her official duties
in a manner prescribed by law.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the enforcing authority in his/her
enforcement of this article, and the enforcing authority may request
the assistance of the Paterson Police Department when necessary to
execute his or her official duties in a manner prescribed by law.
D.
Citizens may bring complaints against violators of this article to
the Paterson Health and Human Services Director or his or her designee,
Health Officer or his/her designee, the Police department or his/her
designee.
A.
A person and/or tobacco retailer who violates the provisions of this
article, including any employee of a retail dealer license under P.L.
1948, c.65 (N.J.S.A. 54.40A-1 et seq.) who actually sells or otherwise
furnishes either directly or indirectly tobacco, nicotine, nicotine
delivery products, smoking devices, electronic smoking devices or
any matter that can be smoked to anyone under 21 years of age, shall
be liable to a civil penalty 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. Complaint shall be made
in the municipal court of the City of Paterson or before other judicial
officer having authority under the laws of the state of New Jersey.
B.
It shall constitute a separate violation for:
(1)
Each direct or indirect sale, furnishing or giving of tobacco, tobacco
products, nicotine, smoking devices, electronic smoking devices or
nicotine delivery products, or liquids used in any and all such products
or devices, or any other matters that can be smoked or vaporized to
any anyone under the age of 21;
(2)
Each day the required sign is not posted;
(3)
Each day a self-service display or tobacco vending machine is located
in a facility where anyone under 21 years of age is allowed; and
(4)
Each incident of failure to require identification.
C.
In addition to the penalties set forth in § 421-8 above, the Paterson Board of Health may suspend the retail food establishment license of any tobacco retailer or person convicted of violation of this article, for a period of not more than three days, pursuant to the authority of the Board of Health to license and regulate food establishments as provided by N.J.S.A. 26:3-31(c).