A.
It is unlawful for any person engaged in the manufacture or sale of tobacco products to sell or give tobacco to any individual under the age of 18 years.
B.
The city council has reviewed statistics prepared by other jurisdictions regarding the harmful effects on minors of outdoor advertising for tobacco products.
C.
These statistics reveal that children and teenagers are more susceptible to advertising than adults.
D.
Tobacco was second only to automobiles as the most heavily advertised product in the United States in 1993.
E.
There is evidence that tobacco product advertising plays a significant role in stimulating illegal consumption of cigarettes by minors.
F.
Exposure to tobacco advertising reinforces existence use of tobacco products among youth, contributes to higher levels of tobacco product use among youth, and increases intention to use tobacco products among those young people who do not yet consume them.
G.
Certain studies reveal that outdoor advertisements are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation.
H.
Courts have recognized the positive relationship between advertising and consumption regarding a variety of goods and services.
I.
Children are exposed to outdoor advertising on a regular basis simply by walking to and from school or playing in their neighborhood, and there exists no practical means of parental monitoring or limited exposure to these public advertisements.
J.
Tobacco constitutes a substance, which is used by adolescents as a first drug, which appears to generate the use of other drugs at a later time.
K.
More than three million (3,000,000) minors under the age of 18 consume more than nine hundred forty-seven million (947,000,000) packs of cigarettes annually.
L.
The state has strongly supported classroom education programs concerning the dangers of tobacco use; however, this message is compromised if there are advertisements near schools and playgrounds that encourage the use of tobacco products.
M.
Many school districts in the state have endorsed restricting the advertising of tobacco products near schools to avoid sending a mixed message to their students.
N.
The restrictions contained in this chapter will not unduly burden the legitimate business activities of persons licensed to sell tobacco products on a retail basis, nor prevent adults from obtaining information needed to make lawful purchases.
O.
By adopting this chapter, the city council intends to narrowly focus its efforts on those advertisements, which most directly affect minors where they live, attend school, and engage in recreational or social activities while protecting legitimate business activities.
P.
The placement of outdoor advertisements for tobacco and tobacco related products where minors live, attend school and engage in recreational and social activities is injurious to the public health, safety and welfare of the community.
Q.
The adoption of this chapter is necessary to protect the health, safety and welfare of the community.
(Ord. 251 § 1, 1999)