[HISTORY: Adopted by the Council of the Township of Montclair 1-28-1997 by Ord. No. 97-1. Amendments noted where applicable.]
The Surgeon General of the United States has called for a ban on the sale of cigarettes by vending machines.
The State of New Jersey has banned the sale of cigarettes to minors under N.J.S.A. 2A:170-51.
Montclair enforcement officials are hampered in their efforts to prevent the sale of cigarettes to minors by vending machines and freestanding or attached cigarette displays.
The Township of Montclair is authorized to enact ordinances not contrary to the laws of this state or of the United States as it may deem necessary and proper for the protection of persons and for the preservation of the public health, safety and welfare of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Township of Montclair Board of Health.
- FREESTANDING OR ATTACHED TOBACCO/CIGARETTE DISPLAY
- Any display promotion of tobacco/cigarette products in any area of an establishment not specifically behind a sales counter and within the grasp of the public so as to allow self-service.
- HEALTH OFFICER
- The administrative officer of the Township of Montclair, and/or his or her authorized representatives.
- An individual, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee 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.
- 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; shall also mean a person or entity that owns, operates or uses a vending machine and/or a vending machine location.
[Amended 4-20-2004 by Ord. No. 04-19]
The Health Officer shall enforce the terms of this chapter in addition to all provisions of state law related to the prohibition of the sale of tobacco to minors set forth in N.J.S.A. 2A:170-51 et seq. and the provisions of N.J.S.A. 54:40A-1 et seq. with regard to licensing and display of appropriate signage at point of sale.
Sale or distribution of single cigarettes or any tobacco product in any form other than an original stamped factory-wrapped package is prohibited.
It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine or freestanding or attached tobacco/cigarette display in the Township of Montclair.
All tobacco vending machines and freestanding or attached tobacco/cigarette displays made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter.
Whenever the Health officer, or his or her designee, or a police officer of the Township of Montclair reasonably believes there exists a violation of this chapter, such officer may issue a summons not later than 90 days after discovery of the alleged violation. The summons shall be delivered personally or sent via certified mail to the alleged violator.
The Health Officer, or his or her designee, or a police officer of the Township of Montclair, after giving proper identification, 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, verbally abuse or otherwise obstruct the Health Officer, or his or her designee, or a police officer engaged in enforcement of the terms hereof.
Citizens may bring complaints for violation of this chapter by making same in the Municipal Court of Montclair, who shall serve same in accordance with law.
Unless otherwise provided by law, statute or ordinance, any person violating any provision of this chapter shall, upon conviction thereof, pay a fine of $250 for a first offense, $500 for a second offense and $1,000 for the third and each consecutive offense.
Each day of possession or use of a tobacco vending machine or other violation of the terms of this chapter shall constitute a separate violation of this chapter.