[HISTORY: Adopted by the Township Committee of the Township of Barnegat 2-20-96 by Ord. No. 1996-5. Amendments noted where applicable.]
[Amended 3-5-2019 by Ord. No. 2019-1; 6-6-2019 by Ord. No. 2019-11]
A. 
It shall be unlawful to sell or otherwise provide an electronic smoking device, tobacco or tobacco products to a person under 21 years of age, which person shall be considered a minor for purposes of this chapter.
B. 
It shall be unlawful for any person to purchase an electronic smoking device, tobacco, or tobacco product:
(1) 
With funds furnished by a minor; or
(2) 
With the intent to sell such a product to a minor.
C. 
Sign requirement. The following six-inch by eight-inch sign shall be posted in a conspicuous place near such cash register in all retail establishments which sell tobacco products:
"SALE OF TOBACCO PRODUCTS OR ELECTRONIC SMOKING DEVICES TO MINORS UNDER THE AGE OF 21 OR USE OF SUCH PRODUCTS IN A PUBLIC PLACE BY MINORS IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product or electronic smoking device to a person under 21 years of age may be prosecuted in accordance with the state and Barnegat Township ordinances."
D. 
Cigarette-free school zones.
(1) 
The Drug-Free School Zone Map adopted and referenced in Chapter 42 of the Township Code, entitled "Drug-Free School Zone," is hereby amended to include "Cigarette-Free School Zone," whereby it shall be unlawful for anyone to sell, give or permit to be sold or given to a person under 21 years of age tobacco in any form or an electronic smoking device within the area on or within 1,000 feet of such school property.
(2) 
It shall also be unlawful for a person under 21 years of age to smoke or use a tobacco product or to possess in open view an electronic smoking device, a cigarette or tobacco product, an opened cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product in and/or on school property as referenced in the Cigarette-Free/Drug-Free School Zone Map.
E. 
It shall be unlawful for a parent, legal guardian or other person acting in place of a parent or legal guardian or person who is responsible for the care and welfare of a minor under the age of 21 years to allow that minor to possess any electronic smoking device, cigarettes made of tobacco or of any other substance which can be smoked, any cigarette paper or tobacco in any form, including, but not limited to, smokeless tobacco.
It shall be unlawful for a tobacco retailer to sell or permit to be sold any tobacco product to any individual without first requesting and examining identification from the purchaser positively establishing the purchaser's age as 18 years or greater, unless the seller has some other conclusive basis for determining the buyer is over the age of 18 years.[1]
[1]
Editor's Note: See § 68A-1, which now provides that the buyer must be over 21 years of age.
A. 
Tobacco vending machines and tobacco vending machine sales are hereby prohibited within the Township of Barnegat unless the tobacco vending machine meets the following criteria:
(1) 
The vending machine is located within a business where an employee of the establishment is within plain view of said machine.
(2) 
The vending machine is equipped with a device which would not allow the sale of a tobacco product without the establishment's employee having to push a button or switch to be located where the employee is located that will allow the sale to take place.
(3) 
That after said employee has pushed said button or switch to electrically allow a sale to take place that the machine will again deactivate itself until such time as said button or switch are reactivated.
(4) 
The employee in control of said vending machine shall be responsible to check identification to ensure that the individual using said machine is at least 18 years of age.[1] Any failure to do so or any failure to keep said machine locked by said electrical device will be considered a violation of the within chapter.
[1]
Editor's Note: See § 68A-1, which now provides that the buyer must be over 21 years of age.
It shall be unlawful for any person under the age of 18 to smoke a tobacco product in and/or on any public place, or to possess in open view, an opened pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product in any public place unless in the presence of his/her parent/guardian.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver nicotine, cannabis, or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
[Added 3-5-2019 by Ord. No. 2019-1; amended 6-6-2019 by Ord. No. 2019-11]
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 Township and maintained for use by the general public.
RETAIL ESTABLISHMENT
Any place or business that sells to the public at retail.
TOBACCO PRODUCT
Any product made from the tobacco plant or containing tobacco leaf, for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.
TOBACCO VENDING MACHINE
Any mechanical, electrical or electronic self-service device, which, upon insertions of monies, tokens or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of an available item.
A. 
Whenever a police officer of the Township of Barnegat reasonably believes there exists a violation of this chapter, such officer may issue a summons and complaint not later than 90 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 section and subsection of this chapter alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
B. 
A police officer of the Township of Barnegat, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premise, 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, wilfully oppose, or otherwise act to interfere with or obstruct any police officer in the performance of duties under this chapter.
D. 
Citizens may bring complaints for violation of this chapter.
A. 
If the provision of any article, section, subsection, paragraph, subdivision, application or clause of this chapter shall be judged invalid by any court of competent jurisdiction, this order or judgment shall not affect or invalidate the remainder of any such article, section, subsection, paragraph, subdivision, application or clause, and, to this end, the provisions of the chapter are hereby declared severable.
B. 
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of the Township of Barnegat, Ocean County, State of New Jersey.
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 $100 or more than $500 for each offense. The complaint shall be made in the Municipal Court of the Township of Barnegat or before such other judicial officer having authority under the laws of the State of New Jersey.
B. 
Each day of possession or use of a tobacco vending machine shall constitute a separate violation of this chapter.
C. 
Notwithstanding Subsection A above, for violations of § 68A-4 of this chapter, the penalties shall be as determined pursuant to the Code of Juvenile Justice, particularly N.J.S.A. 2A:4A-43b.