5-5-2: CIGARETTES AND TOBACCO:

   A.   Short Title And Purpose: This section shall be known and cited as the ADA COUNTY TOBACCO ORDINANCE, enacted to prohibit the possession of cigarettes and other tobacco products by minors, and to prohibit the sale of cigarettes and other tobacco products to minors.

   B.   Definitions: All words and phrases used in this section, the definitions of which are not herein given, shall be given their ordinary, commonly understood and accepted meaning.

The term "tobacco products" shall mean cigarettes, cigars, chewing tobacco, pipe tobacco, snuff and any and all other forms of tobacco, as well as any paper or wrapper intended for the wrapping of tobacco in the form of a cigarette.

   C.   Prohibited Acts:

      1.   It shall be unlawful for any person under the age of eighteen (18) years to buy, accept or have in his possession any cigarette or other tobacco product in any form, or to buy, accept or have in his possession any cigarette paper or other paper or wrapper intended for the wrapping of tobacco into the form of a cigarette. Any person found guilty of violating this subsection C1 shall be punished in accordance with section 18-1502, Idaho Code 1 .

      2.   It shall be unlawful for any person to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette or other tobacco product in any form; or to sell or give away, directly or indirectly, to any person under the age of eighteen (18) years any cigarette paper or other paper or wrapper for the wrapping of tobacco into the form of a cigarette. Any person found guilty of violating this subsection C2 shall be punished in accordance with section 18-1502A, Idaho Code 2 . (Ord. 121, 11-18-1981)

 

Notes

1	1. IC § 18-1502 provides penalties of a fine of not more than $100.00 for the first conviction, of not more than $200.00 for the second conviction, and of not more than $300.00 or up to 30 days in jail, or both, for third and subsequent convictions.
2	1. IC § 18-1502A provides for a fine of not more than $100.00 for the first offense, and not more than $300.00 or by imprisonment in the county jail for not to exceed 6 months for a second offense.