This chapter shall be known and may be cited
as the "Tobacco Products Ordinance."
The purpose of this chapter is to prohibit sales
of tobacco products to minors.
[Amended 12-17-2018 by Ord. No. 2018-11]
The following definitions apply in this chapter:
NICOTINE PRODUCT
The highly toxic alkaloid found in tobacco, presented in
tobacco, or in some other form for ingestion, including, but not limited
to, water-soluble nicotine containing substances, and devices which
deliver nicotine through vapor or other means for ingestion, such
as electronic cigarettes, hookah pens, or other similar devices.
SMOKING (or SMOKE)
The possession by a person of a lighted cigar, cigarette,
pipe, or other lighted smoking device, or activated device which delivers
nicotine through vapor or other means, or ingestion electronically
such as electronic cigarettes, hookah pens, or other similar devices.
TOBACCO PRODUCT
Any product made from the tobacco plant for the purpose of
ingestion by any means, including, but not limited to, cigars, cigarettes,
chewing tobacco, electronic cigarettes, pipe tobacco, snuff and vape.
USE OF TOBACCO PRODUCT and/or NICOTINE PRODUCT
The possession of a lighted cigar, cigarette, pipe, or other
lighted smoking device; the possession of an activated device which
delivers nicotine through vapor, or other means for ingestion, including
but not limited to, electronic cigarettes, hookah pens, or other similar
devices; or the ingestion of a tobacco product by any means.
[Amended 12-17-2018 by Ord. No. 2018-11]
A. No person shall furnish, give, or sell any tobacco product or nicotine
product in any form to a person under the age of 18 years of age,
either personally or through a vending machine.
B. No person under the age of 18 years of age shall possess or purchase
any tobacco product or nicotine product.
[Amended 12-17-2018 by Ord. No. 2018-11]
A. It shall be unlawful to sell or cause to be sold any tobacco product
or nicotine product through a tobacco product or nicotine product
vending machine, except in the following specified locations:
(1) A tobacco product or nicotine product vending machine may be placed
or located wholly within premises, or portions thereof, to which access
by minors is expressly prohibited either by law or by policy of the
owner of the premises.
(2) A tobacco product vending or nicotine product vending machine may
be placed or located wholly within a commercial building or industrial
plant, or a portion thereof, where the general public is expressly
prohibited from entering, where the tobacco product or nicotine product
vending machine is intended strictly for the use of employees, and
where minor employees are not usually admitted.
B. Notwithstanding Subsection
A(1) and
A(2) above, no tobacco product or nicotine product vending machine shall be located closer than 20 feet to any entrance or exit, or within a restroom, coat room, outer waiting area, unmonitored hallway or any other area which is not constantly supervised or monitored during the hours the vending machine is available for use, nor shall a tobacco product or nicotine product vending machine be located in an area where it may be accessible to the public when the premises where it is located is closed.
[Amended 5-1-1995 by Ord. No. 95-4; 12-17-2018 by Ord. No. 2018-11]
A. A person violating §
684-4B is responsible for a civil infraction, with a fine of not less than $25.
B. A person violating any other section of this chapter is guilty of
a misdemeanor, with a maximum penalty of up to 90 days in jail and/or
a fine of up to $500.