(A) Compliance with this chapter shall be monitored by the Department and the city's Code Enforcement Division. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate additional persons to monitor compliance with this chapter. Monitoring may include, but is not limited to, unannounced inspections and/or youth decoy operations during a tobacco retailer's hours of operation.
(B) The city shall not enforce any law establishing a minimum age for tobacco products or tobacco paraphernalia purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
(1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; or
(2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with these regulations.
(3) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years old including but not limited to a youth decoy operation, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented by the city.
(Ord. 4786, passed 5-10-21)