JULY 22, 2015, 9:28 PM LAST UPDATED: WEDNESDAY, JULY 22, 2015, 9:46 PM
BY ALLISON PRIES
STAFF WRITER |
THE RECORD
PARAMUS — The Borough Council should abandon an ordinance to raise the tobacco buying age to 21, Paramus’ attorney recommended during a council work session Wednesday night.
Attorney Paul Kaufman told the council that the ordinance it introduced June 9 could make the borough vulnerable to costly litigation because of concerns over preemption by the state law and enforceability.
The way the law is written, Kaufman said, it’s silent on whether the tobacco buying age would be preempted by the state law, which puts the purchasing age at 19.
Related: Paramus to discuss tobacco-buying age
“I don’t think the taxpayers here should have to pay $100,000 in legal expenses to find out the answer,” he said.
Kaufman also said that it “breeds disrespect for the law to enact an ordinance that’s not enforced.”
Instead, Kaufman suggested the council pass a resolution urging the state to amend the statute.
“I get the point that when you enact an ordinance like this that you’re sending a message to the state Legislature,” Kaufman said. “I think there’s another way … to get that point across.”
The resolution could be brought to the state by hometown Assemblyman, and former Councilman, Joe Lagana. Also, the Paramus clerk could share the resolution with the Bergen County Municipal Clerks’ Association of New Jersey to spread the word, Kaufman suggested.
Paramus – The Blue City – is worried about having an ordinance that differs from the state ordinance? Let’s be honest, all they care about is maintaining the business taxes they collect to lower the property taxes. Everything else is just smoke and mirrors (pun intended).
it should be 21
I’ve been to Paramus twice. They are not capable of advanced thought.
If I can vote serve in the military and be charged as an adult in a criminal case then I think I should be allowed to smoke or not to smoke. Government should worry about other thing.