[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-27-1999 by Ord. No. 9909]
It shall be unlawful for any person under the age of 18 years of age of smoke or use a tobacco product in a public place or to possess in open view a cigarette or tobacco product, an opened cigarette pack, opened carton or other opened container (as evidenced by a broken seal) holding a tobacco product.
All schools, both public and parochial, as well as any public park or recreational facility will also be cigarette-free zones for minors and will carry enhanced penalties for juveniles found in violation of this article. (See § 207-5 for additional information.)
As used in this article, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- Any place or area to which the public is invited or upon which the public is permitted, including but not limited to any sidewalk, street, alley, park, playground, recreational field or area or any other property owned by the City of Ventnor, including any school property, both public and parochial.
- TOBACCO PRODUCT
- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.
First offense. For the first offense, the juvenile will be issued a written warning. The written warning will include all of the juvenile's pertinent information, including his/her parent/guardian information. Upon issuance of this warning, the parent/guardian will be contacted by the issuing officer and informed of the incident. The parent/guardian will also be informed of subsequent penalties for repeat offender(s).
Second offense. For a second offense, the juvenile will be issued a tobacco diversion summons and his/her parent/guardian will be contacted upon issuance of said diversion summons. Once issued the tobacco diversion summons, the accused juvenile(s) will be required to attend a City-approved tobacco education cessation program to be set by the Ventnor City drug/alcohol alliance. If the juvenile(s) fails to complete the tobacco diversion program, juvenile complaints will be signed and forwarded to Juvenile Court and, upon conviction, the juvenile will be sentenced as a third offender and be required to perform 25 hours of community service within the City of Ventnor City.
Third/subsequent offense(s). For a third and subsequent offense(s), the juvenile(s) will be charged with violating this article and, upon conviction, the juvenile will be required to perform a minimum of 25 hours and a maximum of 100 hours of community service in the City of Ventnor City.
Offenses in school zones and public parks/recreational zones. If the second or third offense(s) occur within any area specified above, the juvenile offender(s) shall be required to complete double the amount of community service from 50 to 200 hours of community service.
Any person who is found guilty of violating the section of this article pertaining to providing tobacco products to minors will be subject to a fine of not less than $100 and not more than $1,000 and be required to perform 50 hours of community service with the City of Ventnor City.
Any person found guilty of violating the section of this article pertaining to providing tobacco products to juveniles in a school zone or public parks/recreational zones will have his/her fines and community service doubled.
It shall be the responsibility of the Ventnor City Police Department to monitor and/or enforce this article.