(a)
Possession, purchase, consumption or receipt of item containing nicotine,
nicotine derivative or simulated nicotine by minors prohibited.
(1)
An individual who is younger than 18 years of age commits an offense
if the individual:
(A)
Possesses, purchases, consumes, or accepts an item containing nicotine,
nicotine derivative or simulated nicotine; or
(B)
Falsely represents himself or herself to be 18 years of age or older
by displaying proof of age that is false, fraudulent, or not actually
proof of the individual’s own age in order to obtain possession
of, purchase, or receive an item containing nicotine, nicotine derivative
or simulated nicotine.
(2)
It is an exception to the application of this section that the individual
younger than 18 years of age possessed the item containing nicotine,
nicotine derivative or simulated nicotine in the presence of:
(A)
An adult parent, a guardian, or a spouse of the individual; or
(B)
An employer of the individual, if possession or receipt of the item
containing nicotine, nicotine derivative or simulated nicotine is
required in the performance of the employee’s duties as an employee.
(C)
It is an exception to the application of this section that the individual
younger than 18 years of age is participating in an inspection or
test of compliance in accordance with city or state law.
(b)
Sale of items containing nicotine, nicotine derivative or simulated
nicotine to persons younger than 18 years of age prohibited; proof
of age required.
(1)
A person commits an offense if the person, with criminal negligence:
(A)
Sells, gives, or causes to be sold or given an item containing nicotine,
nicotine derivative or simulated nicotine to someone who is younger
than 18 years of age; or
(B)
Sells, gives, or causes to be sold or given an item containing nicotine,
nicotine derivative or simulated nicotine to another person who intends
to deliver it to someone who is younger than 18 years of age.
(2)
If an offense under this section occurs in connection with a sale
by an employee of the owner of a store in which items containing nicotine,
nicotine derivative, simulated nicotine, cigarettes or tobacco products
are sold at retail, the employee is criminally responsible for the
offense and is subject to prosecution.
(3)
An offense under this section is a class C misdemeanor.
(4)
It is a defense to prosecution under subsection (b)(1)(A) that the person to whom the item containing nicotine, nicotine derivative or simulated nicotine was sold or given presented to the defendant apparently valid proof of identification.
(5)
A proof of identification satisfies the requirements of subsection (b)(4) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.
(c)
Proof of age required when selling items containing nicotine, nicotine
derivative or simulated nicotine products to persons younger than
27 years of age.
(1)
A person may not sell, give, or cause to be sold or given an item
containing nicotine, nicotine derivative or simulated nicotine to
someone who is younger than 27 years of age unless the person to whom
the item containing nicotine, nicotine derivative or simulated nicotine
was sold or given presents an apparently valid proof of identification.
(d)
Penalty.
(1)
On the first offense, any person found to be violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and upon conviction shall pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
(2)
Upon a second conviction, any person found violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and shall pay a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00).
(3)
Upon a third or subsequent conviction, any person found violating any provision of subsection (a) of this section shall be deemed guilty of a class C misdemeanor and shall pay a fine of not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).
(Ordinance 2014-06-02 adopted 6/3/14)
(a)
Title.
This division shall be commonly cited as the
tobacco-free city facilities ordinance.
(b)
Scope.
This division applies to all city facilities
and city parks that have signs posted notifying the public of the
prohibition within the incorporated municipal boundaries (i.e., “city
limits”).
(Ordinance 2015-11-02, sec. 1, adopted 11/3/15)
Words and phrases used in this division shall have the meanings
set forth in this section. Terms that are not defined below, but are
defined elsewhere in the Code of Ordinances, shall be given the meanings
set forth in the code. Words and phrases not defined in the Code of
Ordinances shall be given their common, ordinary meaning unless the
context clearly requires otherwise. When not inconsistent with the
context, words used in the present tense shall include the future
tense, words in the plural number shall include the singular number
(and vice versa), and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
The area of an establishment not generally accessible to
the public, including but not limited to individual offices, stockrooms,
employee lounges, or meeting rooms.
Unless otherwise amended by the Texas Tax Code, chapter 155,
a roll of fermented tobacco that is wrapped in tobacco and the main
stream of smoke from which produces an alkaline reaction to litmus
paper.
Unless otherwise amended by the Texas Tax Code, chapter 154,
a roll for smoking that is made of tobacco or tobacco mixed with another
ingredient and wrapped or covered with a material other than tobacco,
and that is not a cigar.
Any city-owned structure or any structure or portion of a
structure that is under the control or custody of the city. City facilities
include the sidewalks, disability ramps, stairs and porches adjacent
to a city facility. City facilities include the parking area that
is 25 feet or less from any entrance to a city facility as measured
in a straight line from the entrance in any direction. City facilities
do not include the public parking area that is more than 25 feet from
any entrance to a city facility.
Any city-owned property that is generally outdoors, has been
improved, contains some form of outdoor activity or has fields designed
for outdoor play, and is generally open to the public use (with or
without a fee). City parks include the sidewalks, disability ramps,
stairs and porches adjacent to a city park. City facilities do not
include the public parking area that is provided for public use at
a city park.
Of a size and contrast that is clearly visible and legible
to the general public and unobstructed from view.
Any electronic or mechanical device usually composed of a
mouthpiece, heating element or atomizer, battery, and electronic circuits
that provides, or is manufactured to provide, a vapor and/or gas derived
from liquid nicotine and/or other substances delivered or deliverable
to the user to inhale in simulation of smoking. The term includes
every version and type of such devices whether they are manufactured
or marketed as electronic cigarettes, e-cigarettes, electronic cigars,
e-cigars, electronic pipes, e-pipes, electronic vaping devices, mechanical
PVs, electronic nicotine delivery system, or other similar device
under any other product name or description.
Any liquid product composed either in whole or in part of
nicotine, propylene glycol and/or any other substance and manufactured
for use with electronic cigarettes or e-cigarettes.
A sign at each public entrance to a city facility or city
park that:
Has the words “This Facility is Tobacco and E-cigarette
Free” conspicuously posted in letters of 1 inch high or greater;
or
Bears the universal symbols for:
No smoking (a red circle bisected by a red diagonal line over
a pictograph of a smoking cigarette);
No tobacco products (a red circle bisected by a red diagonal
line over a pictograph of a can of chewing tobacco);
No e-cigarettes (a red circle bisected by a red diagonal line
over a pictograph of a smoke emitting from vaping machine and a lightning
bolt); or
A combination sign of all three of the described pictographs
under a red circle bisected by a red diagonal line.
Includes the carrying, possessing or holding of a pipe, cigarette,
tobacco product, electronic cigarette or e-cigarette or liquid nicotine
of any kind which is burning or emitting a vapor.
A cigar(s); smoking tobacco, including granulated, plug-cut,
crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking
in a pipe or as a cigarette; chewing tobacco, including Cavendish,
Twist, plug scrap and any kind of tobacco suitable for chewing; snuff
or other preparations of pulverized tobacco; an article or product
that is made of tobacco or a tobacco substance and that is not a cigarette;
or any liquid tobacco.
(Ordinance 2015-11-02, sec. 2, adopted 11/3/15)
(a)
The
city council may, by resolution, designate any city facility or city
park as tobacco and e-cigarette free and, upon such designation, the
director of public works or his designee shall post signs giving notice
that such action is prohibited in such park or park facility.
(b)
It
shall be unlawful for any person to smoke e-cigarettes or use any
tobacco product(s) at any facility owned or leased by the city that
has been conspicuously posted as tobacco and e-cigarette free.
(c)
It
shall be unlawful for any person to smoke e-cigarettes or use any
tobacco product(s) at any city park owned or leased by the city that
has been conspicuously posted as tobacco and e-cigarette free.
(Ordinance 2015-11-02, sec. 3, adopted 11/3/15)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this division as
may be required by governing law. Any person violating any provision
of this division is subject to suit for injunctive relief as well
as prosecution for criminal violations. Any violation of this division
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision of this division shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(c)
Civil remedies.
Nothing in this division shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this division and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
division or to require specific conduct that is necessary for compliance
with this division; and
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this division and after receiving notice committed acts in violation
of this division or failed to take action necessary for compliance
with this division, and other available relief.
(Ordinance 2015-11-02, sec. 6, adopted 11/3/15; Ordinance adopting 2018 Code)
