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A topic that has been in the news frequently is how to stop minors from smoking. It’s already illegal to sell tobacco products to minors. Some municipalities have taken this a step further by passing laws that make possession and use of tobacco products by minors in public places illegal. Merely possessing an open package of cigarettes is unlawful. "Tobacco product" is defined to include cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. "Public place" is also defined. Some of the ordinances have creative enforcement and penalty provisions. In addition to a fine, there are written warnings and mandatory education programs concerning the dangers of smoking and tobacco use, as well as community service. Parents may also be held accountable and may have to attend the educational program with their child. If you are considering enacting this type of legislation, read on...

Gloucester City, NJ: Ch. 61, Art. II

Medford, Twp. NJ: Ch. 135

Alpha, B. NJ: Ch. 111

Hillsdale, B. NJ: Ch. 274, Art. I

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Gloucester City, NJ

§ 61-10. Purchase or use of tobacco products by minors.

§ 61-11. Definitions.

PUBLIC PLACE OR AREA -- 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 or any other right-of-way, park, playground and any other property owned by the city, any commercial area or shopping center, and any school property.

TOBACCO PRODUCT -- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or other personal use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

§ 61-12. Noncriminal penalties.

1. For a first offense, issuance of a written warning to be determined by the Municipal Alliance Coordinator which explains the risk of tobacco use and the purposes for which Gloucester City has adopted this ordinance and parental notification by the Police Department.
2. Repeat offenders of the ages of 16 or 17 at the time of the violation shall be required to participate in community service projects as determined by the Municipal Alliance Coordinator of Gloucester City in the amount of up to 25 hours for the second offense and up to 50 hours for any subsequent offenses and be required to participate at their own expense in an educational program determined by the Municipal Alliance Coordinator of Gloucester City concerning the dangers of smoking and tobacco use.
3. Repeat offenders under the age of 16 shall be required to participate in community service projects as determined by the Municipal Alliance Coordinator of Gloucester City in the amount of 15 hours for the second offense and up to 30 hours for any subsequent offenses, and be required to participate at their own expense in an educational program determined by the Municipal Alliance Coordinator of Gloucester City concerning the dangers of smoke and tobacco use.

§ 61-13. Severability; construal of provisions.

1. If any chapter, subsection or paragraph of this ordinance is declared to be unconstitutional, invalid or inoperative in whole or in part by a court of competent jurisdiction, such chapter, subsection or paragraph shall, due 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, subsections or paragraphs of this ordinance.
2. This ordinance shall be liberally construed for the protection of the health, safety and welfare of the people, the citizens of the City of Gloucester City.

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Medford, Twp. NJ

[HISTORY: Adopted by the Township Council of the Township of Medford 4-1-1998 by Ord. No. 1998-4. Amendments noted where applicable.]

Drug-free school zone maps -- See Ch. 10.
Purchase of alcoholic beverages by minors -- See Ch. 35, Art. II.

§ 135-1. Rationale; purpose.

1. There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, cardiovascular disease, negative birth outcomes, as well as irritations to the eyes, nose and throat. Both smokers and those exposed to secondhand smoke are at risk. It is the opinion of the Township Council that nonsmokers should not be involuntarily exposed to tobacco smoke.
2. Statistics reflect that more than 90% of all smokers begin smoking before the age of eighteen (the legal age to purchase cigarettes in the state) and an estimated 3,000 minors begin smoking every day in the United States. There is, therefore, an important health need to reduce easy access to tobacco products by youths through strict enforcement of the state law prohibiting sales to minors.

§ 135-2. Definitions.

MUNICIPAL BUILDING -- All municipal offices, police station, fire stations, schools and school administration, water treatment plants, Department of Public Works, emergency squad building, library and any and all facilities owned and/or operated by the Township of Medford.

PURCHASER -- Any individual, partnership, cooperative, association or corporation, personal or representative, receiver, trustee, assignee or any other legal entity.

TOBACCO -- Any product made from the tobacco plant for the purpose of smoking, chewing, inhaling or any other use, including cigars, chewing tobacco, pipe tobacco, snuff and cigarettes in any form.

TOBACCO RETAILER -- Any person or entity which operates a store, stand, booth, concession or place at which sales of tobacco are made to the purchaser for the consumption or use. It shall also mean a person or entity which owns, operates, or uses a vending machine and/or a vending machine location.

VENDING MACHINE -- Any automatic, self-service device which, upon the insertion of money, tokens or any other form of payment, dispenses cigarettes or other tobacco products.

§ 135-3. Sales to minors.

1. It shall be unlawful to sell or otherwise provide tobacco or tobacco products to a person under 18 years of age, which person shall be considered a minor for purposes of this chapter.
2. It shall be unlawful for any person to purchase tobacco products with funds furnished by a minor or with the intent to sell or give such a product to a minor.
3. Aside from self-service displays, tobacco products are to be stored for sale in such a manner that only a sales clerk has physical access to the same, and said sales clerk shall manually obtain the same upon customer request. Self-service displays shall be located in such a manner that a sales clerk shall be able to continually and easily observe and monitor customers obtaining tobacco products from the display. All such displays shall be no less than 10 feet from an entrance or exitway to a sales establishment.
4. Sign requirements. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments in which tobacco products are sold:

THE SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF EIGHTEEN IS PROHIBITED BY LAW. Legal Proof of Age must Be Shown. A person who sells or offers to sell a tobacco product to a person under eighteen years of age may be prosecuted in accordance with State and Local Ordinances.

5. Identification. It shall be unlawful for a tobacco retailer to sell or permit to be sold tobacco to any individual without requesting or examining identification from the purchaser, positively establishing the purchaser's age as 18 years of age or greater, unless the seller has some other conclusive basis for determining that the buyer is over the age of 18 years.
6. It shall be unlawful for any person under 18 years of age to smoke or use a tobacco product in any 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. [Added 4-1-1998 by Ord. No. 1998-5]
7. The Drug-Free School Zone Maps produced by Joseph F. Wiseman and adopted by Medford Township Council Ordinance No. 1988-28 is hereby amended to include tobacco-free school zone, whereby it shall be unlawful for anyone to sell, give or permit to be sold or given to a person under 18 years of age tobacco in any form within the areas on or within 1,000 feet of such school property. It shall also be unlawful for a person under 18 years of age to smoke or use a tobacco product 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 in and/or on school property as referenced in the Cigarette-Free/Drug-Free School Zone Map. [Added 4-1-1998 by Ord. No. 1998-5]
8. It shall be unlawful for a parent, legal guardian or other person acting in place of a parent or legal guardian or person who is responsible for the care and welfare of a minor under the age of 18 years to allow that minor to possess any cigarettes made of tobacco or of any other substance which can be smoked, any cigarette paper or tobacco in any form, including but not limited to smokeless tobacco. [Added 4-1-1998 by Ord. No. 1998-5]

§ 135-4. Tobacco vending machines prohibited; removal.

1. It shall be unlawful to offer for sale or to sell tobacco through a tobacco vending machine in Medford Township.
2. All tobacco vending machines shall be made unlawful by the terms of this chapter and all tobacco vending machines shall be removed within 60 days from the effective date of this chapter.

§ 135-5. Prohibition on smoking in municipal buildings.

§ 135-6. Violations and penalties; enforcement.

1. Unless otherwise provided by law, statute or ordinance, any adult person violating any of the provisions contained within this chapter shall, upon conviction thereof, pay a penalty of not less than $100 or more than $500 for each offense.
2. Each sale or provision of tobacco to a minor shall constitute a separate violation.
3. Each day in which a vending machine is owned or operated, rented or permitted on a premises, subsequent to the effective date of this chapter, shall constitute a separate violation.
4. Unless otherwise provided by law, a minor charged under this section as a first offense with the use or purchase of a tobacco product shall be served with a written warning which shall inform the minor of subsequent penalties. A copy of said warning shall be sent to the minor's parents. [Added 4-1-1998 by Ord. No. 1998-5]
5. As to the repeat minor offenders who use or purchase tobacco products, and as to all other violations under this section, any person found to be in violation, upon conviction thereof, shall pay a penalty of not less than $50 nor more than $500 for each offense. [Added 4-1-1998 by Ord. No. 1998-5]
6. It shall primarily be the responsibility of the Police Department to monitor and/or enforce this chapter, which shall do so through periodic inspections or other legal means. [Added 4-1-1998 by Ord. No. 1998-5]

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Alpha, B. NJ

[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 7-22-1997 by Ord. No. 97-10. Amendments noted where applicable.]

Peace and good order -- See Ch. 88.

§ 111-1. Prohibition of tobacco sales to minors; sign to be posted.

1. It shall be unlawful to sell tobacco to a minor, that is, a person under 18 years of age.
2. It shall be unlawful for any person to purchase a tobacco product with funds furnished by a minor or with the intent to sell such a product to a minor.
3. Sign requirement. The following six-inch-by-eight-inch sign shall be posted in a conspicuous place near each cash register in all retail establishments which sell tobacco products:

SALE OF TOBACCO PRODUCTS TO MINORS UNDER THE AGE OF 18 OR SMOKING IN PUBLIC PLACES BY MINORS IS PROHIBITED BY LAW. Legal proof of age must be shown. A person who sells or offers to sell a tobacco product to a person under 18 years of age may be prosecuted in accordance with State Statutes and Alpha Borough ordinances.

§ 111-2. Identification required.

§ 111-3. Tobacco vending machines prohibited.

§ 111-4. Use of tobacco products by minors in public places.

§ 111-5. Definitions.

BOARD OF HEALTH -- The Alpha Borough Board of Health and may be referred to in this chapter as the "Board of Health," "Department" or "Board."

HEALTH OFFICER -- The Health Officer of the Borough of Alpha, and/or his or her authorized representative.

PUBLIC PLACE -- Any building or enclosed structure open to the general public and any street, road, sidewalk, walkway, park or open space located within the borough and maintained for use by the general public.

RETAIL ESTABLISHMENT -- Any place or business that sells to the public at retail.

TOBACCO PRODUCT -- Any product made from the tobacco plant or containing tobacco leaf, for the purpose of smoking, chewing, inhaling or other personal use, including but not limited to cigarettes, cigars, pipe tobacco, chewing tobacco, snuff and dipping tobacco.

TOBACCO VENDING MACHINE -- Any mechanical, electrical or electronic self-service device which, upon insertion of moneys, tokens or any other form of payment, dispenses tobacco or tobacco products, either exclusively or as one kind of an available item.

§ 111-6. Enforcement; complaints; inspections.

1. Whenever the Health Officer or his or her designee or a police officer of the Borough of Alpha reasonably believes there exists a violation of this chapter, such officer 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 section and subsection of this ordinance alleged to have been violated. The complaint shall be delivered personally or sent via certified mail to the alleged violator.
2. The Health Officer, his/her designee or a police officer of the Borough of Alpha, after giving proper identification, and if no search or other warrant is required by law, may summarily inspect any matter, thing, premises, place, person, record, incident or event as necessary to enforce the provisions of this ordinance.
3. It shall be unlawful for any person to molest, willfully oppose or otherwise act to interfere with or obstruct the Health Officer or his/her designee or any police officer in the performance of duties under this ordinance. The Health Officer or designee may request the assistance of the Alpha Borough Police Department when necessary to execute his or her official duty in the manner prescribed by law.
4. Citizens may bring complaints for violation of this ordinance.

§ 111-7. Construal of provisions.

§ 111-8. Violations and penalties; suspension of license.

1. Unless otherwise provided by law, statute or ordinance, any person violating any provision of this ordinance shall, upon conviction thereof, pay a fine of not less than $100 nor more than $500 for each offense. The complaint shall be made in the Municipal Court of the Borough of Alpha or before such other judicial officer having authority under the laws of the State of New Jersey.
2. Each day of possession or use of a tobacco vending machine shall constitute a separate violation of this chapter.
3. The Board of Health may suspend the retail food establishment license of any person convicted of a violation of this chapter for a period of not more than three days, pursuant to the authority of the Health Commission to license and regulate establishments as provided by N.J.S.A. 26:3-31c.
4. Notwithstanding Subsection A above, for violations of § 111-4 of this chapter, the penalties shall be no more than a fine of $25 and one day of community service for a first offense, a fine of $50 and two days of community service for a second offense and for a third or subsequent offense a fine of $100 to $500 and five days of community service.

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Hillsdale, B. NJ

[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale as indicated in article histories. Amendments noted where applicable.]

Tobacco sales -- See Ch. 363.

§ 274-1. Definitions.

PUBLIC PLACE -- Any building or enclosed structure open to the public and any street, road, sidewalk, walkway, park or open space located within the Borough and which is open to the public.

TOBACCO -- 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.

§ 274-2. Prohibiting use by minors.

1. It shall be unlawful for any person under the age of 18 years to smoke or use a tobacco product in or on any public place or nonpublic place or to possess in open view an opened pack, opened carton, or other opened container holding a tobacco product in any public place or nonpublic place.
2. This article shall not apply to a minor smoking or using tobacco in a nonpublic place which constitutes the residence of the minor and his or her parent or parents or guardian.

§ 274-3. Violations and penalties; juvenile record card.

1. First offense.

(1) A verbal warning will be given to the offender by the officer observing the violation. The officer will take the offender's name, age, address, telephone number and name and address of parents or guardians. The information will be placed on a juvenile record card maintained at the Department of Police, which said card shall also contain the date and place of the offense.

(2) Unless there are other violations outstanding, or the offender is uncooperative, he or she will not be taken to police headquarters for a first violation. The information from the juvenile record card will be transmitted to the Detective Bureau Commander who will file it and advise the parent or guardian of the incident and information contained on the card.

2. Second offense. The officer observing the violation will take the offender's name, address, telephone number, parent's or guardian's name and address (the information will be placed on a juvenile record card). The card will also contain the date and place of the offense. The Detective Bureau Commander will arrange a station house adjustment with the offender and the offender's parents or guardians. The station house adjustment will involve discussion of the third phase of enforcement, and antitobacco use literature will be provided. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
3. Third offense.

(1) The information described above for the juvenile record card will be verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will be a referral to a two-hour education program currently conducted by The Valley Hospital Community Education Department. In the event that such a program is not available, the Bureau Commander will assign attendance at a similar education program. Attendance at this program is required, both by the offender and a minimum of one parent or guardian. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.

(2) If a period of two years or more passes after the commission of the third offense, the next offense will not be considered a fourth offense, but the procedure for a third offense will be repeated.

4. Fourth offense. The information on the juvenile record card will be implemented and verified and given to the Detective Bureau Commander. The card will also contain the date and place of the offense. The Detective Bureau Commander will take appropriate action, which will include a referral to a six-session smoke stop program offered by the Community Education Program at Valley Hospital, or equivalent. Any costs involved for these programs shall be paid by the offender. Unless there are extenuating circumstances, the officer does not have to take the offender into custody.
5. Fifth offense.

(1) A juvenile complaint will be issued to the offender for appearance in Juvenile Court or Municipal Court.

(2) In the event that the offender does not comply with any of the requirements set forth in first, second, third or fourth offenses, a juvenile complaint will be issued to the offender for the initial and any subsequent violations.

§ 274-4. Intent.

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