[Ord. #97-10, § 1]
A.
It shall be unlawful to sell tobacco to a person under eighteen (18)
years of age.
B.
Sign requirements. Not less than six inch by eight inch (6 x 8) sign
shall be posted in a conspicuous place near each cash register in
all retail establishments which sell tobacco products containing the
following language:
C.
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 IS PROHIBITED
BY LAW. Legal proof of age must be shown. A person who sells or offers
to sell a tobacco product to a person under 18 years of age may be
prosecuted in accordance with state and local ordinances.
[Ord. #97-10, § 2]
It shall be unlawful for a tobacco retailer to sell or permit
to be sold tobacco to any individual without requesting and examining
identification for the purchaser positively establishing the purchaser's
age as eighteen (18) years or greater, unless the seller has some
other conclusive basis for determining the buyer is over the age of
eighteen (18) years.
[Ord. #97-10, § 4]
All tobacco vending machines and self-service tobacco displays
made unlawful by the terms of this chapter shall be removed within
thirty (30) days from the effective date of this chapter.
[Ord. #97-10, § 5]
The sale of "rolling papers" in any form and in any quantity
to any citizen under the age of eighteen (18) years is prohibited.
[Ord. #97-10, § 6; Ord. #99-13, § I]
A.
HEALTH DEPARTMENT — The Ocean County Health Department, and
may be referred to herein this chapter as the "Department."
B.
HEALTH OFFICER — The Administrative Officer of the Ocean County
Health Department.
C.
PERSON — An individual, partnership, cooperative, association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
D.
LAW ENFORCEMENT OFFICER — Any member of the Township of Plumsted
Police Department.
E.
SELF-SERVICE DISPLAYS — Any racks, stands or other display
devices from which a customer may take tobacco products directly with
only payment to be made to the tobacco retailer.
F.
TOBACCO — 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.
G.
TOBACCO RETAILER — Any person or entity that operates a store,
stand, booth, concession or place at which sales of tobacco are made
to purchasers for consumption or use. Tobacco retailer shall also
mean a person or entity that owns, operates or uses a vending machine
and/or a vending machine location.
H.
VENDING MACHINE — Any automated or semi-automated, self-service
device which upon insertion of money, tokens or any payment to a person
responsible for activation or operation of the machine, dispenses
or is activated to dispense, cigarettes or other tobacco products.
[Ord. #97-10, § 7]
A.
Whenever the Health Officer, or his/her designee or a law enforcement
officer, reasonably believes there exists a violation of this chapter,
such officer or designee may issue a summons and complaint not later
than sixty (60) 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 article and
section of this chapter alleged to have been violated. The complaint
shall be delivered or sent by certified mail to the alleged violator.
B.
The Health Officer, designee or law enforcement officer charged with
enforcement of this chapter, after giving proper identification, may
inspect any matter, thing, premise, place, person, record vehicle,
incident or event as necessary.
C.
It shall be unlawful for any person to molest, willfully oppose,
verbally abuse or otherwise obstruct the Health Officer, designee
or law enforcement officer, who may request the assistance of the
Plumsted Township Police Department or other police agency or peace
officer when necessary to execute his or her official duty in a manner
prescribed by law.
D.
Citizens may bring complaints against violators of this chapter.
[Ord. #97-10, § 8]
A.
If any chapter, section, subsection or paragraph of this chapter
is declared to be unconstitutional, invalid or inoperative, in whole
or in part by a court of competent jurisdiction, such chapter, section,
subsection or paragraph shall, to the extent that it is not unconstitutional,
invalid or inoperative, remain in full force and effect, and no such
determination shall be deemed to invalidate the remaining chapters,
sections, subsections or paragraphs of this chapter.
B.
This chapter shall be liberally construed for the health, safety,
and welfare of the people of the Township of Plumsted.
C.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed to the extent of such inconsistency.
[Ord. #97-10, § 9]
A.
Unless otherwise provided by law, statute or ordinance, any person
violating any of the provisions of this chapter shall, upon conviction
thereof, pay a penalty of not less than one hundred dollars ($100),
nor more than five hundred dollars ($500) for each offense. 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.
Each sale of tobacco to a minor shall constitute a separate violation.
Each day that a tobacco vending machine or self-service tobacco display
remains on any premises or tobacco is sold without the required sign
constitute a separate and distinct offense.
C.
The Ocean County Health Department may suspend the Retail Food Establishment
License of any person convicted of violation of this chapter, for
a period of not more than three (3) days, pursuant to the authority
of the Health Department to license and regulate food establishments
as provided by N.J.S.A. 26:3-31(c).
[Ord. #97-10, § 10]
This chapter shall take effect immediately upon its final passage
and publication according to law.
