[HISTORY: Adopted by the Mayor and City Council
of the City of Monroe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-8-1998 by Ord. No. 98-011; amended in its entirety 2-4-2019 by Ord. No. 19-003]
As used in this article, the following terms shall have the
meanings indicated:
A noncombustible product containing nicotine that is intended
for human consumption, whether chewed, absorbed, ingested, injected,
or consumed by any other means.
Loose tobacco or a flat, compressed cake of tobacco that
is inserted into the mouth to be chewed or sucked.
The City Attorney for the City of Monroe, the Assistant City
Attorney for the City of Monroe, and any other attorney employed,
retained or utilized to prosecute violations of this article by the
City of Monroe.
A product that contains tobacco and is intended for human
consumption, including, but not limited to, cigarettes, cigars, non-cigarette
smoking tobacco, chewing tobacco, smokeless tobacco, tobacco snuff,
or tobacco in any other form.
Shredded, powdered or pulverized tobacco that may be inhaled
through the nostrils, chewed, or placed against the gums.
A noncombustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form,
including, but not limited to, an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product or
device and a vapor cartridge or other container of nicotine in a solution
or other form that is intended to be used with such a product or device.
A.
Subject to Subsection B below, no person under 18 years of age shall:
(1)
Purchase or attempt to purchase cigarettes, cigars, chewing tobacco,
smokeless tobacco, non-cigarette smoking tobacco, tobacco products,
tobacco snuff, alternative nicotine products, vapor products, or tobacco
in any other form;
(2)
Possess or attempt to possess cigarettes, cigars, chewing tobacco,
smokeless tobacco, non-cigarette smoking tobacco, tobacco products,
tobacco snuff, alternative nicotine products, vapor products, or tobacco
in any other form;
(3)
Use or attempt to use cigarettes, cigars, chewing tobacco, smokeless
tobacco, non-cigarette smoking tobacco, tobacco products, tobacco
snuff, alternative nicotine products, vapor products, or tobacco in
any other form on a public highway, street, parking lot, alley, park
or other lands used for public purposes or in a public place of business
or amusement; or
(4)
Present or offer to an individual a purported proof of age that is
false, fraudulent, or not actually his or her own proof of age for
the purpose of purchasing, attempting to purchase, possession or attempt
to possess cigarettes, cigars, chewing tobacco, smokeless tobacco,
non-cigarette smoking tobacco, tobacco products, tobacco snuff, alternative
nicotine products, vapor products, or tobacco in any other form.
B.
Subsection A shall 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, alternative nicotine 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, alternative nicotine product, or vapor product
under the direction of a police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of a tobacco
product, alternative nicotine product or vapor product by the minor
was not under the direction of the police agency and was not part
of the undercover operation.
(3)
The handling or transportation of a tobacco product, alternative
nicotine product, or vapor product by a minor under the terms of that
minor's employment, provided that such employment does not involve
use of any tobacco product, alternative nicotine product, or vapor
product.
No person shall sell, give or furnish any cigarettes, cigars,
chewing tobacco, smokeless tobacco, non-cigarette smoking tobacco,
tobacco products, tobacco snuff, alternative nicotine products, vapor
products, or tobacco in any other form to a person under 18 years
of age.
A.
A person who sells tobacco products, alternative nicotine 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 that
includes the following statement: "The purchase of tobacco products,
alternative nicotine 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 is subject to criminal penalties."
B.
If the sign required under this section is more than six feet from
the point of sale, it shall be 5 1/2 inches by 8 1/2 inches
in size, and the statement required under this section shall be printed
in thirty-six-point boldface type. If the sign required under this
section is six feet or less from the point of sale, it shall be two
inches by four inches in size, and the statement required under this
section shall be printed in twenty-point boldface type.
A.
It is an affirmative defense to a charge pursuant to § 659-3 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, alternative nicotine products, or vapor products to a person 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 herein shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. This notice shall be served not less than 14 days before the date set for trial.
B.
A prosecuting attorney who proposes to offer testimony to rebut the
affirmative defense described in this section shall file and serve
a notice of rebuttal, in writing, upon the court and the defendant.
The notice shall be served not less than seven days before the date
set for trial, and shall contain the name and address of each rebuttal
witness.
A.
A person who violates § 659-2 is guilty of a misdemeanor and shall be subject to a fine of not more than $50 for each offense. Pursuant to a probation order, the court may require a person who violates § 659-2 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 § 659-2 is subject to the following, at the discretion of the court:
(1)
For a first violation, the court may order the person to do the following:
(a)
Perform not more than 16 hours of community service in a hospice,
nursing home or long-term care facility; and/or
(b)
Perform not more than 16 hours of community service picking
up tobacco product refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services; and/or
(c)
Participate in a health promotion and risk reduction program,
as described in this section.
(2)
For a second violation, in addition to participation in a health
promotion and risk reduction program, the court may order the person
to:
(a)
Perform not more than 32 hours of community service in a hospice,
nursing home or long-term care facility; and/or
(b)
Perform not more than 32 hours of community service picking
up tobacco product refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
(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:
(a)
Perform not more than 48 hours of community service in a hospice,
nursing home or long-term care facility; and/or
(b)
Perform not more than 48 hours of community service picking
up tobacco product refuse and litter in the City under the direction
of the Department of Parks and Recreation or the Department of Public
Services.
[Adopted 7-6-2010 by Ord. No. 10-005]
As used in this article, the following terms shall have the
meanings indicated:
A meeting as defined in Section 2 of the Open Meetings Act,
MCLA § 15.262.
A public body as defined in Section 2 of the Open Meetings
Act, MCLA § 15.262.
An enclosed, indoor area owned or operated by the City of
Monroe and used by the general public or serving as a place of work
for public employees or a meeting place for a public body.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, weed, plant or related substance or product.
Smoking shall be prohibited within 50 feet of any entrance,
window and ventilation system of any public place or at any meeting
of a public body.
