08/13/08

TITLE: CLINTON BANS SMOKING BY MINORS
DESCRIPTION:
Time: 15:14:10

ARTICLE

TOWN OF CLINTON

HUNTERDON COUNTY, NEW JERSEY

ORDINANCE NO. 08-

AN ORDINANCE TO AMEND CHAPTER 128 OF THE CODE

OF THE TOWN OF CLINTON TO PROHIBIT SMOKING

BY MINORS IN ANY PUBLIC PLACE

WHEREAS, municipalities are authorized by N.J.S.A. 40:48-1 and 40:8-2 to regulate smoking in public areas in order to protect the health and welfare of their citizens; and

WHEREAS, it is illegal to sell tobacco products to anyone under the age of nineteen; and

WHEREAS, smoking by minors in public places within the Town of Clinton has resulted in litter, cigarette debris, potential fire hazards, and nuisance, annoyance and alarm to the general public; and

WHEREAS, active smoking by young people is associated with significant health problems during childhood and adolescence and with increased risk factors for health problems in adulthood; and

WHEREAS, the Mayor and Town Council wish to protect the health of the Town’s youth and eliminate the nuisance caused by youth smoking;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Clinton, in the County of Hunterdon and State of New Jersey, as follows:

Section 1.  Chapter 128 entitled “Tobacco Products” of the Code of the Town of Clinton is hereby amended to add a new Article II to read as follows:

ARTICLE II

Smoking by Minors Prohibited

§128-12. Smoking by minors in public prohibited.

No person under the age of 18 shall use cigarettes or other tobacco products within or upon any public place or area in the Town of Clinton.

§128-13. 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 Town, any mall or shopping center, and any school property. Public place or area shall not include the interior of an automobile unless it is parked.

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

§128-14. Posting of notice.

The Public Works/Business Administrator or his designee is authorized to post adequate notice of the juvenile smoking prohibition in conspicuous places near the entrances to the Town of Clinton.

128-15. Violations and penalties.

Any person violating or failing to comply with any provision of this article shall, upon conviction thereof for a first offense, be punished by a fine of not more than $50.00, or by community service of not more than 2 days; for a second offense within the same calendar year, by a fine of not more than $100.00, or by community service of not more than 5 days; for a third offense within the same calendar year, by a fine of not less than $200.00, or by community service of not less than 10 days, or any combination of fine, imprisonment or community service as determined in the discretion of the Court.

Section 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Section 3. If any section, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction for any reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

Section 4.  This Ordinance shall take effect upon final passage and publication according to law. 

                                                                                    TOWN OF CLINTON

ATTEST:

__________________________                                            __________________________________

CECILIA COVINO, CLERK                                                                         CHRISTINE SCHAUMBURG, MAYOR