(A) The Office of the County Prosecuting Attorney or Probation Department shall impose a service charge for each tobacco infraction diverted for purposes of tobacco cessation.
(B) The service charge shall be in an amount as the Prosecuting Attorney and the Chief Probation Officer may stipulate as long as it does not exceed 75% of the fine established by the legislature for tobacco infractions. The fee may be used to cover costs of providing the services and for other costs related to tobacco cessation by minors.
(C) All service charges collected as provided by this section once collected are considered County General Fund Miscellaneous Revenue. The program administrator shall remit the charges to the County Auditor on a daily basis, and the County Auditor is hereby authorized to establish and maintain a Prosecutor’s Tobacco Cessation Fund, and the charges collected by the program administrator shall be deposited into the Fund. The County Prosecutor shall expend and submit claims for the payments of expenses pursuant to the tobacco cessation budget submitted by the County Prosecutor’s Office and approved annually by the County Council. The County Council may only appropriate moneys on deposit in the Tobacco Cessation Fund for purposes of the Prosecutor’s Office or Probation Department and implementation of this program.
(Ord. 2002-2, passed 6-18-2002)