[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 3-25-1996
by Ord. No. 4-96. Amendments noted where applicable.]
It shall be unlawful to offer for sale or to sell tobacco/cigarettes
through a tobacco/cigarette vending machine or from a self-service freestanding
or attached display container of tobacco/cigarettes in the Borough of Madison.
All tobacco/cigarette machines and self-service freestanding or attached
display containers made unlawful by the terms of this chapter shall be removed
within 30 days from the effective date of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health of the Borough of Madison.
The Health Officer of the Madison Board of Health.
An individual, partnership, corporation, personal representative,
receiver, trustee or any other legal entity.
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 automated, self-service device upon which, upon insertion of
money, tokens or any form of payment, dispenses cigarettes or other tobacco
products in any form.
Any promotion of tobacco/cigarette products in any area of an establishment
not specifically behind a sales counter or locked display container where
a customer can take the tobacco/cigarette products without the assistance
of any employee of the establishment.
A.
Whenever the Health Officer, or his/her designee, reasonably
believes there exists a violation of this chapter, he/she may issue a violation
notice and/or summons 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
of the chapter alleged to have been violated. The complaint shall be delivered
by the police or sent by certified mail to the alleged violator.
B.
The Health Officer, or his designee, or any other person
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, or his designee,
who may request the assistance of the Madison 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 through the Health Department or Police Department.
A.
If any section 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 section 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
sections or paragraphs of this chapter.
B.
This chapter shall be liberally construed for the protection
of the health, safety and welfare of the people of the Borough of Madison.
Unless otherwise provided by law, statute or ordinance, any person violating
any of the provisions of this chapter shall, upon conviction thereof, pay
a fine of not less than $250 nor more than $500 for each offense, together
with court costs. Complaint shall be made in the Municipal Court of the Borough
of Madison or before such other judicial officer having authority under the
laws of the State of New Jersey.
