[HISTORY: Adopted by the Council of the Township of Montclair 1-28-1997
by Ord. No. 97-1. Amendments noted where applicable.]
A.
The Surgeon General of the United States has called for
a ban on the sale of cigarettes by vending machines.
B.
The State of New Jersey has banned the sale of cigarettes
to minors under N.J.S.A. 2A:170-51.
C.
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.
D.
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:
The Township of Montclair Board of Health.
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.
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.
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.
Any automated, self-service device which upon insertion of money,
tokens or any other form of payment, dispenses cigarettes or other tobacco
products.[1]
[Amended 4-20-2004 by Ord. No. 04-19]
A.
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.
B.
Sale or distribution of single cigarettes or any tobacco
product in any form other than an original stamped factory-wrapped package
is prohibited.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
