(a) No child shall do any of the following unless accompanied by a parent, or spouse of the child who is eighteen (18) years of age or older, or legal guardian or legal custodian of the child:
(1) Use, consume, or possess cigarettes, alternative nicotine products, electronic smoking devices or tobacco products;
(2) Purchase or attempt to purchase cigarettes, alternative nicotine products, electronic smoking devices or tobacco products;
(3) Order, pay for, or share the cost of cigarettes, alternative nicotine products, electronic smoking devices or tobacco products;
(4) Except as provided in subsection (c) of this section, accept or receive cigarettes, alternative nicotine products, electronic smoking devices or tobacco products.
For purposes of this section, the prohibition against using, possessing, purchasing, ordering, paying for, accepting or receiving an electronic smoking device, is a violation of this section regardless of whether the electronic smoking device in question actually contains nicotine or any other substance capable of producing a vapor.
(b) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining cigarettes, alternative nicotine products, electronic smoking devices or tobacco products.
(c) (1) It is not a violation of (a)(4) of this section for a child to accept or receive cigarettes, alternative nicotine products, electronic smoking devices or tobacco products if the child is required to do so in the performance of the child's duties as an employee of that child's employer and the child's acceptance or receipt of cigarettes, alternative nicotine products, electronic smoking devices or tobacco products occurs exclusively within the scope of the child's employment.
(2) It is not a violation of (a)(1), (2), (3) or (4) of this section if the child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives cigarettes, alternative nicotine products, electronic smoking devices or tobacco products while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location in which cigarettes, alternative nicotine products, electronic smoking devices or tobacco products are sold or distributed.
(3) It is not a violation of (a)(1) or (3) of this section for a child to accept, receive, use, consume or possess cigarettes, alternative nicotine products, electronic smoking devices or tobacco products while participating in a research protocol if all of the following apply:
A. The parent, legal guardian, legal custodian or spouse over eighteen (18) years of age of the child has consented in writing to the child participating in the research protocol; and
B. A review board sanctioned by the appropriate federal or state agency, or an equivalent entity, has approved the research protocol; and
C. The child is participating in the research protocol at the facility or location specified in the research protocol.
(d) A juvenile court may not adjudicate a child a delinquent or unruly child for a violation of Section 957.03.
(e) If a juvenile court finds that a child violated division (b)(1), (2), (3), or (4) or (c) of this section, the court may do either or both of the following:
(1) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(2) Impose a fine of not more than one hundred dollars ($100.00).
(f) If a child disobeys a juvenile court order issued pursuant to division (f) of this section, the court may do any or all of the following:
(1) Increase the fine imposed upon the child under division (f)(2) of this section;
(2) Require the child to perform not more than twenty hours of community service;
(3) Suspend for a period of thirty days any temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(g) A child alleged or found to have violated division (a) or (b) of this section shall not be detained under any provision of this chapter or any other provision of the Ohio Revised Code.
(Ord. 2019-48. Passed 5-20-19.)
CODIFIED ORDINANCES OF BEREA