§ 136.08 POSSESSION OF TOBACCO AND ALTERNATIVE NICOTINE PRODUCTS BY MINORS PROHIBITED.
   (A)   Generally. It shall be unlawful for any person under the age of 18 years to possess any tobacco products or alternative nicotine products; provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
   (B)   Definition of tobacco products. Tobacco products is defined as: any substances containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff or smokeless tobaccos including chewing tobacco and dipping tobacco.
   (C)   Definition of alternative nicotine product. ALTERNATIVE NICOTINE PRODUCT is defined as: a product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing or otherwise. ALTERNATIVE NICOTINE PRODUCT excludes cigarettes, smokeless tobacco or other tobacco products, as these terms are defined under state law and any product approved by the U.S. FDA as a non-tobacco product for sale as a tobacco cessation or dependence product or for other medical purposes and is marketed and sold solely for that purpose.
   (D)   Penalty. Any person 13 years of age or older who violates any provision of this section shall be subject to a penalty of no more than $100 or community service or both, for each such violation. If the violator is under 13 years of age, the parent or custodian of the violator is subject to the fine or community service, or both, for each such violation.
(Ord. 1009, passed 8-6-18)