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Codes & Documents » Ordinances » Ordinance No. 14-18

Ordinance No. 14-18

Introduced: June 12, 2018
Public Hearing: June 28, 2018
Status: Adopted

An Ordinance Amending Article VII, Tobacco Products, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, to Prohibit Persons Under the Age of 21 Years from Using or Possessing Tobacco or Tobacco Products in Any Public Place within the Township of Randolph

WHEREAS, Article VII, Tobacco Products, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, currently prohibits persons under the age of 19 years from using or possessing tobacco or tobacco products in any public place within the Township of Randolph; and

WHEREAS, P.L. 2017, c. 118, effective on November 1, 2017, raised the minimum age for purchasing tobacco and electronic smoking devices from 19 to 21 years, and raised the minimum age from 19 to 21 years of a person to whom a vendor may sell, offer, distribute, give or furnish such products in New Jersey; and

WHEREAS, the Township of Randolph desires to amend Article VII, Tobacco Products, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, to prohibit persons under the age of 21 years from using or possessing tobacco or tobacco products in any public place within the Township of Randolph.

NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of Randolph, County of Morris, State of New Jersey, as follows:

SECTION ONE. Article VII, Tobacco Products, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph is hereby deleted in its entirety and replaced by the following:

Sec. 24-200. - Definitions.

Health officer shall mean the health officer of the Township of Randolph and/or his designee.

Minor shall mean any person under 21 years of age.

Police officer shall mean a police officer of the Township of Randolph.

Public place shall mean any parks, recreational areas, school property, libraries, and bikeways and pathways open to the public and located in the Township of Randolph and the Randolph Township Municipal Complex.

Tobacco is hereby defined as any product made from the tobacco plant or containing tobacco leaf for the purpose of smoking, chewing, inhaling, and other personal use, including, but not limited to, cigars, chewing tobacco, pipe tobacco, snuff, and cigarettes in any form.

Tobacco products is hereby defined as any cigarettes made of tobacco or of any other matter or substance which can be smoked, including herbal cigarettes, or any cigarette paper or tobacco in any form, including smokeless tobacco.

Sec. 24-201. - Prohibition of tobacco possession or use by minors.

  1. It shall be unlawful for any person under the age of 21 years to use tobacco or tobacco products in or on any public place, or to possess, in open view, tobacco or tobacco products in any public place.
  2. The minor’s name, address; the date, time and location of the violation; and the name of the witness to the violation shall be reported to the health officer for further action in accordance with the provisions of this article.

Sec. 24-202. - Offenses occurring on school property.

  1. If a violation of this article occurs on the property of any public or private elementary or secondary school, the offender’s name and address; the date, time and location of the violation; and, the name of the witness to the violation shall be reported to the health officer for further action in accordance with the provisions of this article.
  2. The principal of the school, and/or his/her designee (or designees), are authorized to confiscate the illegally possessed tobacco product.
  3. The provisions of this article shall apply to all students, regardless of age.

Sec. 24-203. - Offenses occurring in public places other than school property.

Police officers have the authority to enforce the provisions of this article.

Sec. 24-204. - Possession or use of false identification to obtain tobacco products.

It shall be unlawful for any person under the age of 21 to use any false identification, or use any identification other than his/her own, for the purpose of obtaining, or attempting to obtain, tobacco products.

Sec. 24-205. - Nonapplicability.

  1. This article shall not apply to a minor smoking or using tobacco or tobacco products in a nonpublic place which constitutes the residence of the minor and his or her parent or parents or guardian.
  2. This article shall not be deemed to prohibit persons under the age of 21 from performing the necessary handling of tobacco products when acting as the agent of the minor’s employer within the scope of employment.
  3. This article shall not apply to the possession of tobacco products by minors as part of law enforcement efforts to curtail the sale of tobacco products to persons under the age of 21.
  4. The provisions of this article shall not apply to violations of N.J.S.A. 26:3D-1, et. seq.; N.J.S.A. 26:3E-7 and N.J.S.A. 2C:33-13, as per N.J.S.A. 2A:4A-23.

Sec. 24-206. - Enforcement.

A violation of this article shall be enforced as follows:

First offense

A warning, in writing, will be given to the offender and his or her parent or guardian by the health officer. The parent or guardian of the offender shall be provided with anti tobacco product use literature by the township health officer.

Second offense

  1. If the offense occurs on school property, the offender will be referred to a substance abuse counselor for antismoking counseling, as provided for by the Board of Education of the Township of Randolph. If the offender is not a Randolph public school student, then the procedures for a first offense will be followed.
  2. If the offense occurs on a public place other than school property, the procedures for a first offense will be followed.
  3. If a period of one year or more passes after the commission of the second offense, the next offense will not be considered a third offense, but the procedure for a second offense will be repeated.

Third and subsequent offense(s)

  1. A complaint will be issued to the offender for appearance in municipal court.
  2. The offender will be referred to an advanced antismoking education program approved by the township health department. Any costs involved for these programs shall be paid by the offender.
  3. Offender may also be subject to a fine not to exceed $1,000.00 and/or community service.

SECTION TWO. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION THREE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION FOUR. This Ordinance shall take effect as provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Mark Forstenhausler, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 14-18

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Article VII, Tobacco Products, Of Chapter 24, Health And Sanitation, Of The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey, To Prohibit Persons Under The Age Of 21 Years From Using Or Possessing Tobacco Or Tobacco Products In Any Public Place within the Township of Randolph” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 12, 2018 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 28, 2018 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to amend Article VII, Tobacco Products, of Chapter 24, Health and Sanitation, of the Revised Ordinances of the Township of Randolph, to prohibit persons under the age of 21 years from using or possessing tobacco or tobacco products in any public place within the Township of Randolph. A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey

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