[Adopted 4-25-1994 by Ord. No. 205; amended in its entirety 2-13-2023 by Ord. No. 22-06]
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE NICOTINE PRODUCT
A noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. "Alternative nicotine product" does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration under 21 U.S.C. §§ 351 to 360fff-7.
MINOR
An individual under 21 years of age.
TOBACCO PRODUCT
A product that contains tobacco and is intended for human consumption, including, but not limited to, noncigarettes smoking tobacco or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Act, Public Act No. 327 of 1993 (MCLA § 205.433), and cigars.
VAPOR PRODUCT
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. "Vapor product" includes an electronic cigarette, electronic cigar, 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 or in an electronic cigarette, electronic cigar, or similar product or device. "Vapor product" includes e-liquid or e-juice and vapes or vape pens or other similar item that could be used for inhaling or exhaling vaping ingredients or cannabis (THC).
No person under the age of 21 years of age shall purchase, or attempt to purchase, or have in their possession or use, tobacco or any tobacco product, vapor product or alterative nicotine product.
A person shall not sell, give or furnish tobacco, or any tobacco product, vapor product or alterative nicotine product to a minor.
A person who is 21 years of age or older shall not use or possess tobacco, or any tobacco product, vapor product or alterative nicotine product, on school property as follows:
A. 
During regularly scheduled school hours; or
B. 
During school events, activities or when students are present; or
C. 
While a driver or passenger of a Township of Grosse Ile School District bus.
A. 
Any person who violates this article shall be responsible for a municipal civil infraction or guilty of a misdemeanor as follows:
(1) 
For a first offense, the individual is responsible for a municipal civil infraction and subject to a fine of not more than $50. For a violation of § 155-12, the court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.
(2) 
For a second offense, the individual is responsible for a municipal civil infraction and subject to a fine of not more than $100. For a violation of § 155-12, the court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.
(3) 
For a third offense, the individual is guilty of a misdemeanor and subject to a fine of not more than $250. For a violation of § 155-12, the court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.
B. 
An individual 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.
This article shall not apply to minors participating in an undercover operation in which the minor obtains or attempts to obtain tobacco, or any tobacco product, vapor product or alterative nicotine product, at the direction of law enforcement during the course of the minor's employment.