[HISTORY: Adopted by the Board of Health of the Borough of Palisades Park 11-10-1998 by Ord. No. 99-1. (This ordinance also repealed former Ch. 318, Tobacco Products, Sale of, adopted by the Board of Health 10-29-1996 by Ord. No. 96-6.) Amendments noted where applicable.]
Smoking — See Ch. 254.
It shall be unlawful to sell tobacco/cigarettes to a person under 18 years of age.
It shall be unlawful for a tobacco/cigarette retailer to sell or permit to be sold tobacco/cigarettes to any individual without requesting and examining identification from the purchaser's age as 18 years or greater unless the seller has some conclusive basis for determining the buyer is over the age of 18 years.
It shall be unlawful to offer for sale or to sell tobacco/cigarettes through a tobacco/cigarette machine or from a freestanding or attached display of tobacco/cigarettes in the Borough of Palisades Park. All tobacco must be dispensed to the customer by the clerk from inventory that is behind the counter and out of the grasp of the public.
All tobacco/cigarette machines made unlawful by the terms of this chapter shall be removed within 30 days from the effective date of this chapter; provided, however, nothing herein contained shall be construed to permit the use or installation of any cigarette vending machine made unlawful pursuant to Ordinance No. 96-6 of the Board of Health.
As used in this chapter, the following terms shall have the meanings indicated:
- BOARD OF HEALTH
- The Board of Health of Palisades Park.
- FREESTANDING OR ATTACHED TOBACCO/CIGARETTE DISPLAY
- Any display rack or other promotion containing tobacco/cigarette products in any area of any store, food establishment, or other premises, not specifically behind a sales counter and not outside of the grasp of the public, so as to be self-service.
- HEALTH OFFICER
- The Administrative Officer of the Palisades Park Board of Health and/or his or her authorized representatives.
- Any 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 retail dealer, person or entity that operates a store, stand, booth concession, cigarette vending machine, tobacco/cigarette machine, freestanding or attached tobacco/cigarette display or place from which sales of tobacco are made to purchasers for consumption or use.
- VENDING MACHINES OR TOBACCO/CIGARETTE MACHINES
- Any automated machine or device which dispenses cigarettes or other tobacco products in any form, regardless of whether same is operated or activated through remote control device or with or without the insertion of money, token or other form of payment.
Whenever the Health Officer, or his/her designee, reasonably believes there exists a violation of this chapter, he/she 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 article and section of this chapter alleged to have been violated. The complaint shall be delivered by the police or sent certified mail to the alleged violator.
The Health Officer, or his designee or any other person charged with enforcement of this chapter, after giving proper identification, may inspect any matter, thing, premises, place, person, record, vehicle, incident or event as necessary.
It shall be unlawful for any person to molest, willfully oppose, verbally abuse or otherwise obstruct the Health Officer or his designee, who may request the assistance of the Palisades Park Police Department or other police agency or peace officer when necessary to execute his or her official duty in the manner prescribed by law.
Citizens may bring complaints against violators of this chapter through the Health Department or Police Department.
If any chapter, section, subsection or paragraph of this chapter is declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this chapter.
This chapter shall be liberally construed for the protection of the health, safety and welfare of the people of Palisades Park.
This chapter repeals and replaces in its entirety Palisades Park Board of Health Ordinance No. 96-6, said repeal to be effective upon the effective date of this chapter, provided, however, nothing contained in this chapter or the repeal of Ordinance No. 96-6 shall authorize or allow as of the effective date of this chapter the installation, use, or maintenance of any cigarette vending machine rendered unlawful pursuant to Ordinance No. 96-6.