[HISTORY: Adopted by the Township Board of the Township of
Putnam as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-2019 by Ord. No. 70-2[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Youth Tobacco and Vapor Products, adopted 1-16-2019 by Ord. No.
70, as amended.
The following words and phrases shall have the meanings respectively
given in this section:
An individual under 18 years of age.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of tobacco products or vapor products
subject to state sales tax.
A product that contains tobacco and is intended for human
consumption, including, but not limited to, cigarettes, noncigarettes,
smoking tobacco or smokeless tobacco, as those terms are defined in
Section 2 of the Tobacco Products Tax Act, Public Act No. 327 of 1993
(MCLA 205.422), and cigars.
A noncombustible product that employs a heating element,
power source, electronic circuit or other electric, chemical or mechanical
means, regardless of shape or size, that can be used to produce vapor
from nicotine or other substances or forms, including, but not limited
to, electronic cigarettes (e-cigarettes), electronic cigars, electronic
cigarillos, electronic pipes, and similar products or devices intended
to be used with such products or devices.
A.
A person shall not sell, give or furnish any tobacco product or vapor
product to a minor. Any person who violates this section is guilty
of a misdemeanor, punishable by a fine of not more than $50 for each
violation.
B.
A person who sells tobacco products or vapor products at retail shall
post, in a place close to the point of sale and conspicuous to both
employees and customers, a sign produced by the Department of Community
Health that includes the following statement:
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"The purchase of tobacco products or vapor products by a minor
under 18 years of age and the provision of tobacco products to a minor
are prohibited by law. A minor unlawfully purchasing or using tobacco
products or vapor products is subject to criminal penalties."
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C.
It is an affirmative defense to a charge pursuant to Subsection A of this section that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of tobacco products or vapor products to persons under 18 years of age, and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. The notice shall be served not less than 14 days before the date set for trial.
A.
A minor shall not purchase, attempt to purchase, possess, attempt
to possess, use, chew, or smoke or otherwise use or consume tobacco
products or vapor products on a public highway, street, alley, park,
or other lands used for public purposes, or in a public place of business
or amusement. A person who violates this section is guilty of a civil
infraction, punishable by a fine of not more than $50 for the first
violation, $100 for the second violation and $150 for the third and
each subsequent violation.
B.
Pursuant to a probation order, the court may require a person who
violates this section to participate in a health promotion and risk
reduction assessment program, if available. A probationer who is ordered
to participate in a health promotion and risk reduction assessment
program under this section is responsible for the costs of participating
in the program. In addition, a person who violates this section is
subject to the following:
(2)
For a second violation, in addition to participation in a health
promotion and risk reduction program, the court may order the person
to perform not more than 32 hours of community service in a hospice,
nursing home or long-term care facility.
(3)
For a third or subsequent violation, in addition to participation
in a health promotion and risk reduction program, the court may order
the person to perform not more than 48 hours of community service
in a hospice, nursing home or long-term care facility.
C.
This section does not apply to a minor participating in any of the
following:
(1)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the minor's
employer and with the prior approval of the local prosecutor's
office as part of an employer-sponsored internal enforcement action.
(2)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the state
police or a local police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of the tobacco
product or vapor product by the minor was not under the direction
of the state police or the local police agency and was not part of
the undercover operation.
(3)
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted under the direction of a community mental health services
program substance abuse coordinating agency as defined in Section
6103 of the Public Health Code, 1978 PA 368, MCLA 333.6103, and with
the prior approval of the state police or a local policy agency.
D.
This section does not apply to the handling or transportation of
a tobacco product or vapor product by a minor under the terms of that
minor's employment.
E.
This section does not prohibit the individual from being charged
with, convicted of, or sentenced for any other violation of law arising
out of the violation of this section.
This article does not interfere with the right of a parent or
legal guardian in the rearing and management of his or her minor children
or wards within the bounds of his own private premises.
Should any portion of this article be found invalid for any
reason, such holding shall not be construed as affecting the validity
of the remaining portions of this article.
Any ordinances or parts of ordinances in conflict herewith are
hereby repealed, but only to the extent necessary to give this article
full force and effect.
This article shall become effective 30 days following publication.
