[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 7-22-1997 by Ord. No. 97-10 (Ch. 111 of the 1974 Code). Amendments noted where applicable.]
Smoking — See Ch. 323.
It shall be unlawful to sell tobacco to a minor, that is, a person under 18 years of age.
It shall be unlawful for any person to purchase a tobacco product with funds furnished by a minor or with the intent to sell such a product to a minor.
Sign requirement. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:
SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING IN PUBLIC PLACES BY MINORS 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 Statutes and Alpha Borough ordinances.
It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco 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.
In view of the indiscriminate sale of tobacco products to minors through tobacco vending machines, all tobacco vending machines are hereby prohibited in the Borough of Alpha. It shall be unlawful for any person, firm, corporation or association to possess, own, operate, rent or permit the use of or operation of a tobacco vending machine in, on or about the premises under his or her ownership, control or management or to sell, or offer to sell, any tobacco product through a tobacco vending machine in the Borough of Alpha.
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 open pack, carton or other container holding a tobacco product in any public place unless in the presence of his or her parent or guardian.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Alpha Borough Board of Health and may be referred to in this chapter as the "Board of Health," "Department" or "Board."
- HEALTH OFFICER
- The Health Officer of the Borough of Alpha, and/or his or her authorized representative.
- 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 Borough 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 insertion of moneys, tokens or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of an available item.
Whenever the Health Officer or his or her designee or a police officer of the Borough of Alpha 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.
The Health Officer, his or her designee or a police officer of the Borough of Alpha, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premises, place, person, record, incident or event as necessary to enforce the provisions of this chapter.
It shall be unlawful for any person to molest, willfully oppose or otherwise act to interfere with or obstruct the Health Officer or his or her designee or any police officer in the performance of duties under this chapter. The Health Officer or designee may request the assistance of the Alpha Borough Police Department when necessary to execute his or her official duty in the manner prescribed by law.
Citizens may bring complaints for violation of this chapter.
This chapter shall be liberally construed for the protection of the health, safety, and welfare of the people of the Borough of Alpha, Warren County, State of New Jersey.
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. The complaint shall be made in the Municipal Court of the Borough of Alpha or before such other judicial officer having authority under the laws of the State of New Jersey.
Each day of possession or use of a tobacco vending machine shall constitute a separate violation of this chapter.
The Board of Health may suspend the retail food establishment license of any person convicted of a violation of this chapter for a period of not more than three days, pursuant to the authority of the Health Commission to license and regulate establishments as provided by N.J.S.A. 26:3-31c.
Notwithstanding Subsection A above, for violations of § 375-4 of this chapter, the penalties shall be no more than a fine of $25 and one day of community service for a first offense, a fine of $50 and two days of community service for a second offense and for a third or subsequent offense a fine of $100 to $500 and five days of community service.