[HISTORY: Adopted by the Village Council of the Village of Vicksburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-1962 by Ord. No. 68; amended in its entirety 10-22-1985 by Ord. No. 149 (Ch. 38, Art. VI, Div. 1, Sec. 38-221, of the 1995 Village Code)]
No person under the age of 18 years shall offer to buy, obtain or smoke any cigarettes.
No person shall sell, offer or give any cigarettes to or obtain any cigarettes from any person under the age of 18 years.
No person shall falsify his/her age or the age of another for the purpose of obtaining cigarettes for any person under the age of 18 years.
Any violation of this article shall be punished as provided in § 1-6.
[Adopted 1-20-2003 by Ord. No. 241 (Ch. 38, Art. IV, Div. 3, of the 1995 Village Code)]
A. 
The U.S. Surgeon General has found, after careful examination of the available evidence, that involuntary smoking (i.e., the exposure of nonsmokers to environmental tobacco smoke) is a cause of disease, including lung cancer, in healthy nonsmokers; and
B. 
The U.S. Surgeon General has also concluded that simple separation of smokers and nonsmokers within shared air space may reduce, but does not eliminate, exposure of nonsmokers to environmental tobacco smoke; and
C. 
The National Institute for Occupational Safety and Health has determined that environmental tobacco smoke is potentially carcinogenic to occupationally exposed workers; and
D. 
The National Institute for Occupational Safety and Health has recommended that employers minimize occupational exposure to environmental tobacco smoke by using all available preventive means; and
E. 
The U.S. Environmental Protection Agency has recognized that exposure to environmental tobacco smoke is "one of the most widespread and harmful indoor air pollutants"; and
F. 
Smoke is a potential cause of fires and cigarette and cigar burns and ash staining on fixtures and furniture cause unnecessary losses; and
G. 
The State of Michigan has passed the Clean Indoor Air Act with amendment (1986 P.A. 198, as amended by 1988 P.A. 294, 296, and 315), which states that an individual shall not smoke in public place or at a public meeting except in a designated smoking area.
H. 
Accordingly, it is the purpose of this article to protect the public health and welfare by prohibiting smoking in enclosed areas owned, operated, or controlled by the Village.
The provisions of this article shall apply to all buildings, facilities, and public places owned, operated or controlled by the Village, as designated by resolution of the Village Council.
As used in this article, the following terms shall have the meanings indicated:
CIGAR
Any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco.
CIGARETTE
Any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated or mixed with any other ingredients, where such roll has a wrapper made chiefly of paper or any other material except tobacco.
SMOKING or SMOKE
The use (including inhaling, exhaling and burning) or the carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
TOBACCO PRODUCTS
Cigars, cigarettes, chewing tobacco, tobacco snuff or tobacco in any other form.
No person shall smoke in an enclosed area (including any building, facility or public place) owned, operated or under the control of the Village, as designated by resolution of the Village Council. This prohibition includes, but is not limited to, private offices, open space offices, meeting rooms, conference rooms, eating areas, break rooms, restrooms, hallways, stairways, entrances, and shall include a reasonable distance from the outside of the entrance of any building.
Violation of this article is a municipal civil infraction punishable, upon conviction, as follows:
A. 
A civil fine not exceeding $100 for a first violation.
B. 
A civil fine not exceeding $200 for a second violation within one year.
C. 
A civil fine not exceeding $500 for a third violation within one year.