[Adopted 8-12-1997 by Ord. No. 2611]
As used in this article, the following terms
shall have the meanings indicated:
Any device with a heating element, a battery, or an electronic
circuit that provides nicotine or other vaporized liquids to the user
in a manner that simulates tobacco products, shisha, herbs, or any
other product that produces smoke.
[Added 8-8-2018 by Ord.
No. 3655]
Any cartridges, cartomizers, e-liquid, smoke juice, tanks,
tips, atomizers, vaporizers, electronic smoking device batteries,
electronic smoking device chargers and any other item specifically
designed for the preparation, charging, or use of electronic vapor
devices.
[Added 8-8-2018 by Ord.
No. 3655]
Any place that is not a public place.
Any building or enclosed structure, open to the public and
any street, road, sidewalk, walkway, park or open space located within
the Village and which is open to the public.
[Amended 8-8-2018 by Ord. No. 3655]
Any product containing tobacco leaf including, but limited to,
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco;
Any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for
sale, or otherwise distributed with the exception that the product
or matter will be introduced into the human lungs or mouth in smoke
or vapor form, using any tobacco paraphernalia, but does not include
any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependency.
[Amended 8-8-2018 by Ord.
No. 3655]
A.
It shall be unlawful for any person under the age of 18 years to
smoke or use a tobacco product, electronic vapor device or electronic/vapor
inhalation substance product in or on any public place or nonpublic
place or to possess in open view an opened pack, opened carton, opened
box or other opened container used for holding or packaging those
items in any public or nonpublic place.
A.
A violation by a minor of this article shall be enforced
as follows:
(1)
First offense.
(a)
A verbal warning will be given to the offender
by the officer observing the violation. The officer will take the
offender's name, age, address, telephone number and name and address
of parents or guardians. The information will be placed on a juvenile
record card maintained at the Department of Police, which said card
shall also contain the date and place of the offense.
(b)
Unless there are other violations outstanding
or the offender is uncooperative, he or she will not be taken to Police
headquarters for a first violation. The information from the juvenile
record card will be transmitted to the Detective Bureau Commander
who will file it and advise the parent or guardian of the incident
and information contained on the card.
(2)
Second offense. The officer observing the violation
will take the offender's name, age, address, telephone number, parent's
or guardian's name and address (the information will be placed on
a juvenile record card). The card will also contain the date and place
of the offense. The Detective Bureau Commander will arrange a station
house adjustment with the offender and the offender's parents or guardians.
The station house adjustment will involve discussion of the third
phase of enforcement, and antitobacco use literature will be provided.
Unless there are extenuating circumstances, the officer does not have
to take the offender into custody.
(3)
Third offense.
(a)
The information described above for the juvenile
record card will be verified and given to the Detective Bureau Commander.
The card will also contain the date and place of the offense. The
Detective Bureau Commander will take appropriate action, which will
be a referral to a two-hour education program currently conducted
by the Valley Hospital Community Education Department. In the event
that such program is not available, the Bureau Commander will assign
attendance at a similar education program. Attendance at this program
is required, both by the offender and a minimum of one parent or guardian.
Unless there are extenuating circumstances, the officer does not have
to take the offender into custody.
(b)
If a period of two years or more passes after
the commission of the third offense, the next offense will not be
considered a fourth offense, but the procedure for a third offense
will be repeated.
(4)
Fourth offense. The information on the juvenile record
card will be implemented and verified and given to the Detective Bureau
Commander. The card will also contain the date and place of the offense.
The Detective Bureau Commander will take appropriate action, which
will include a referral to a six-session smoke stop program offered
by the Community Education Program at Valley Hospital, or equivalent.
Any costs involved for these programs shall be paid by the offender.
Unless there are extenuating circumstances, the officer does not have
to take the offender into custody.
(5)
Fifth offense. A juvenile complaint will be issued
to the offender for appearance in Juvenile Court or Municipal Court.
B.
In the event that the offender does not comply with
any of the requirements set forth in first, second, third or fourth
offenses, a juvenile complaint will be issued to the offender for
the initial and any subsequent violations.
