(a) A person who is younger than 18 years of age commits an offense if that person:
(1) Possesses, purchases, consumes or accepts receipt of a cigarette or tobacco product; or
(2) Falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent or not actually his or her own for the purpose of possessing, purchasing, consuming or receiving a cigarette or tobacco product.
(b) It is an exception to this section that the minor possessed, purchased, consumed or received the cigarette or tobacco product in the presence of the minor’s parent, guardian or spouse.
(c) It is an exception to this section that the minor possessed or received the cigarette or tobacco product in the presence of the minor’s employer, if possession or receipt of the tobacco product is required in the performance of the employee’s duties as an employee.
(d) It is exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test compliance of the ordinance.
(e) In addition to assessing a fine, the court may require the minor to attend a smoking awareness course and the court may require the parent or guardian of the minor to attend the course with the minor.
(f) If a smoking awareness course is not readily available, the court may require the minor to perform additional tobacco-related community service hours.
(Ord. 17719, § 1, passed 8-21-2007)