(A) As used in this section:
YOUTH SMOKING EDUCATION PROGRAM. A private or public agency program that is related to tobacco use, prevention, and cessation, that is carried out or funded by the tobacco use prevention and control foundation pursuant to R.C. § 183.07, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than 12 hours in duration.
(B) No child shall do any of the following unless accompanied by a parent, spouse who is 18 years of age or older, or legal guardian of the child:
(1) Use, consume, or possess cigarettes, other tobacco products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase cigarettes, other tobacco products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of cigarettes, other tobacco products, or papers used to roll cigarettes; or
(4) Except as provided in division (E) of this section, accept or receive cigarettes, other tobacco products, or papers used to roll cigarettes.
(C) No child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining cigarettes, other tobacco products, or papers used to roll cigarettes.
(D) A juvenile court shall not adjudicate a child a delinquent or unruly child for a violation of division (B)(1), (2), (3), or (4) or (C) or this section.
(E) (1) It is not a violation of division (B)(4) of this section for a child to accept or receive cigarettes, other tobacco products, or papers used to roll cigarettes 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, other tobacco products, or papers used to roll cigarettes occurs exclusively within the scope of the child's employment.
(2) It is not a violation of division (B)(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, other tobacco products, or papers used to roll cigarettes while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which cigarettes, other tobacco products, or papers used to roll cigarettes are sold or distributed.
(F) Penalty.
(1) If a juvenile court finds that a child violated division (B)(1), (2), (3), or (4) or (C) of § 135.20, the court may do either or both of the following:
(a) Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(b) Impose a fine of not more than $200 and not more than 25 hours of community service.
(2) If a child disobeys a juvenile court order issued pursuant to division (F)(1) of this section, the court may do any or all of the following:
(a) Increase the fine imposed upon the child under division (F)(1)(b) of this section;
(b) Increase the number of community service hours imposed upon the child under division (F)(1)(b) of this section;
(c) Suspend for a period of 30 days the temporary instruction permit, probationary driver's license, or driver's license issued to the child.
(3) A child alleged or found to have violated division (B) or (C) of § 135.20 shall not be detained under any provision of this chapter or any other provision of this code or the Revised Code of Ohio.
(Ord. 158-00, passed 12-11-00)