Council Amends Tobacco Rules

Minors who possess tobacco in prohibited areas in Fair Lawn will now be subject to fines—rather than warnings—for first offenses, following the passage of a new ordinance by the Borough Council on Tuesday night.

The municipal code previously dictated that individuals under age 19 "will not be taken to police headquarters for a first violation." Instead, the officer takes the offender’s personal information, which is placed on a juvenile record card maintained at the .

However, under Ordinance No. 2215-2011, first-time offenders are subject to fines of no less than $25 and no more than $50. Second-time offenders, who previously got fines of no less than $10 and no more than $50, now are subject to fines of no less than $25 and no more than $50 as well as community service not to exceed four hours.

While the old rules carried the same penalties for second-time and all subsequent offenders, the new rules impose stricter penalties for repeat violators and more specific guidelines for community service. Third and fourth-time offenders will receive fines of no less than $50 and no more than $100, with community service not to exceed eight hours, and fifth-time and subsequent offenders receive fines of no less than $200 and community service not to exceed eight hours.

The old rules said that second-time and all-subsequent offenders received a "period of community service not to exceed seven days."

Ordinance No. 1918-2002 regulates tobacco use by minors within 1,000 feet of any school property used for school purposes.

Deputy Mayor Steve Weinstein said that in the past, students who couldn't smoke on school property would go across the street to do so, contributing to a littering problem.

With only a warning for first offenders, the tobacco regulations were "difficult to enforce," Weinstein said.