(a) Definitions. For the purpose of this section, the terms, phrases and words shall have the meanings given to them in this subsection. All terms, phrases and words used in this section but not defined in the subsection shall have meaning given to them elsewhere in the village code.
MINOR. A person under the age of 18 years.
TOBACCO PRODUCT. Any item, project, or substance containing or made from tobacco leaf, including specifically, but without limitation, cigarettes, cigars, snuff and pipe, chewing or dipping tobacco.
(b) Sale by minors. It shall be unlawful for any minor to sell, dispense, furnish or otherwise distribute any tobacco product to any person or business within the corporate limits of the village.
(c) Sale to minors. It shall be unlawful for any person to sell, give, dispense, furnish or otherwise distribute tobacco product to any minor within the corporate limits of the village.
(d) Purchase by minors. It shall be unlawful for any minor to purchase or otherwise acquire any tobacco product within the corporate limits of the village.
(e) Possession and use by minors. It shall be unlawful for any minor to possess or use a tobacco product within the corporate limits of the village; provided, however, that the possession or use of any tobacco product by any minor under the direct supervision and control of the parent or guardian of any minor in the privacy of such parent's or guardian's home shall not be unlawful.
(f) Penalties and enforcement.
(1) The department of public safety is encouraged and directed to work with the schools and other youth service organizations in the village to develop programs designed to prevent the use of tobacco products by minors and to assist parents in their efforts to discourage minors from using tobacco products.
(2) Whenever a minor has been found to violate any of the provisions of this § 24-8, the public safety department shall assign a youth officer to such case for purposes of adjusting the violation. It is the expectation that such adjustments shall use a variety of methods to discourage the minor from future violations of this section, including techniques such as parental notification, attendance at educational sessions regarding the adverse consequences from the use of tobacco products, and community service projects that enhance the minor's understanding of the adverse consequences of the use of tobacco products. Notwithstanding the foregoing, if parents or guardians do not consent to an adjustment process with a youth officer within 21 days after written notice, no such adjustment shall occur, but violations shall nevertheless be subject to fines as provided in this section.
(3) In the instance of a first offense by any minor, the youth officer will provide the minor and the minor's parent or guardian information regarding the community programs relating to tobacco use, but shall allow the parent/guardian to resolve such violation. This first violation will be recorded by the youth officer in consideration of any further violations by such minor.
(4) If a minor repeatedly violates the provisions of this section, the youth officer may determine that, in addition to or in lieu of the adjustment techniques described in § 24-8(f)(2) and (3), a monetary fine shall be levied. In such cases, the first fine so imposed shall be as set forth in the village’s Comprehensive Fee and Fine Schedule.
(5) Any violation of this section by a person other than a minor shall be subject to a fine as set forth in the village’s Comprehensive Fee and Fine Schedule.
(Ord. No. 2000-9-2091; Ord. No. 2014-05-3357; Ord. No. 2016-04-3394)