[Ord. 2019-897, 6-17-2019, eff. 7-1-2019]
(A) 
Providing Tobacco Products And Alternative Nicotine Products To A Minor: It shall be unlawful for any person, whether acting individually, or as an owner, officer, employee or agent of, or on behalf of, any person to sell, buy for, distribute samples of, furnish, exchange or give away any tobacco or alternative nicotine products in any form to any individual under the age of 21 years.
(B) 
Verification: Before selling, offering for sale, giving, or furnishing tobacco or alternative nicotine products, or any cartridge or component of tobacco or alternative nicotine products, to another person, the person selling, offering for sale, giving, or furnishing the products shall verify that the person is at least 21 years of age by:
1. 
Examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 21 years of age; or
2. 
For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 21 years of age or older.
(C) 
Possession Of Tobacco Products And Alternative Nicotine Products By A Minor: No individual under the age of 21 years of age shall have in his or her possession or use any tobacco product or alternative nicotine product in any of its forms. It shall not be a violation of this section for any such person to have in his or her possession or use of any tobacco products or alternative nicotine products while in the presence of his or her parents or legal guardian, or in the performance of a religious ceremony.
[Ord. 2019-894, 3-18-2019]
The following definitions shall apply to the interpretation and enforcement of this chapter:
ALTERNATIVE NICOTINE PRODUCTS
Product or device, such as a "e-cig", "vapes" or other device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. "Alternative nicotine product" excludes cigarettes, smokeless tobacco or other tobacco products as these terms are defined in this section. Any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
POSSESSION
To knowingly have upon one's person or to have in close physical proximity.
TOBACCO PRODUCTS
Cigarettes, cigars, any smokeless tobacco, which means tobacco in any form which is suitable for dipping or chewing, or tobacco in any form.
USE
Chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means.
[Ord. 2019-894, 3-18-2019]
(A) 
Providing Tobacco Products Or Alternative Nicotine Products To A Minor: A violation of Subsection 3-15-1(A) of this chapter is a petty offense and shall be punishable by a fine not to exceed $50 for a first offense and a fine not to exceed $400 for a second or any subsequent offense.
(B) 
Possession Of Tobacco Products Or Alternative Nicotine Products By A Minor: A violation of Subsection 3-15-1(C) of this chapter is a petty offense and may be punishable by a fine not to exceed $25 for a first or second offense and a fine not to exceed $100 for a third or subsequent offense. In addition to or in lieu of a fine or any other penalty assessed upon a finding of guilt, admission of guilt or admission of the commission of a first offense, the court, City Attorney or City Juvenile Officer may require the minor, as a final disposition, to participate in a tobacco education awareness program established by the City and modified in such manner as the Administrators of such program may decide. However, any non-fine disposition must be subsequently completed by the offender as deemed appropriate by the City Attorney or a court of competent jurisdiction, or a fine shall be assessed pursuant to this subsection.
(C) 
Special Fund: One-half of all fines and penalties received under Subsections (A) and (B) of this section shall be placed in a special fund. The fund shall be used as directed by the City Council from time to time for the prevention of tobacco and tobacco abuse by minors and others within the City. The remaining 1/2 of said monies shall be deposited in the City's Police Fund.
[Ord. 2019-894, 3-18-2019]
The observation of a violation of Subsection 3-15-1(C) of this chapter shall not constitute the sole reason for law enforcement authorities to stop a motor vehicle in which an alleged offender is a driver or passenger.
[Ord. 441, 7-21-1997]
If any section, paragraph, clause or provision of this chapter or the application therefor to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this chapter or the application of such sections, paragraph, clauses or provisions to person or circumstances other than those to which it is held invalid shall not be affected hereby.