[HISTORY: Adopted by the Board of Supervisors of the Township of
Tredyffrin as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-1991 by Ord.
No. HR-167 (Ch. VI, Art. 8, of the 1979 General Laws of the Municipality of
Tredyffrin)]
A.Â
The General Assembly of the Commonwealth of Pennsylvania
has prohibited the sale of tobacco products to any minor under the age of
18 years (18 Pa.C.S.A. § 6305). It is determined by the Board of
Supervisors that the use of tobacco products by minors poses a danger to their,
and the general public's health, safety and welfare.
B.Â
It is determined by the Board of Supervisors that many
minors illegally purchase cigarettes by means of vending machines. It is determined
by the Board of Supervisors that regulating cigarette vending machines to
prevent use by minors will significantly reduce consumption of tobacco products
by minors and benefit public health, safety and welfare.
As used in this article, the following terms shall have the meanings
indicated:
Any automatic vending machine for the sale of cigarettes, controlled
by the insertion of legal tender. It shall not include machines or devices
used solely for the vending of service, food or confections.
As used herein, the terms shall include the following: any person,
firm, corporation or association which owns any such machine; the person,
firm, corporation or association in whose place of business any such machine
is placed for use by the public; and the person, firm, corporation or association
having control over such machine.
No person, firm, corporation or association shall own, operate, rent
or permit the use of a cigarette vending machine in any location on premises
under his or her control in Tredyffrin Township.
Any person, firm, corporation or association who or which violates or
permits a violation of this article, upon being found liable therefor in a
civil enforcement proceeding, shall pay a fine of not less than $50 nor more
than $600, plus all court costs, including reasonable attorney's fees, incurred
by the township in the enforcement of this article. No judgment shall be imposed
until the date of the determination of the violation by the District Justice
and/or Court. If the defendant neither pays nor timely appeals the judgment,
the township may enforce the judgment pursuant to the applicable rules of
civil procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
