[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.]
GENERAL REFERENCES
Smoking — See Ch. 323.
A.
It shall be unlawful to sell tobacco to a minor, that
is, a person under 18 years of age.
B.
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.
C.
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:
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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.
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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:
The Alpha Borough Board of Health and may be referred to in this
chapter as the "Board of Health," "Department" or "Board."
The Health Officer of the Borough of Alpha, and/or his or her authorized
representative.
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.
Any place or business that sells to the public at retail.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.[1]
B.
Each day of possession or use of a tobacco vending machine
shall constitute a separate violation of this chapter.
C.
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.
D.
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.
