(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) If a minor is arrested for the possession, inhalation, or consumption of a vapor-releasing substance containing a toxic substance and is not charged with any other offense, the arresting officer may prepare a written notice or citation to appear in either juvenile court or municipal court depending on the minor’s age. Said notice or citation shall contain the name and address of the minor, the offense charged, and the time and place the minor shall appear in court.
(2) In the event the minor is under 18 years of age, the arrested minor, in order to secure release, shall give his or her written promise to appear in juvenile court by signing at least one copy of the written notice prepared by the arresting officer. The officer shall deliver a copy of the notice to the minor promising to appear. The officer shall immediately release the person from custody.
(3) In the event the minor is over 18 years of age, the matter shall be handled as any other misdemeanor.
(4) The juvenile court shall not dispose of a citation for the possession of a vapor-releasing substance unless the parent, guardian, or custodian of the minor appears in court with the minor at the time of disposition of the charge.
(5) A minor, under the age of 18 years, and upon finding of guilt by a judge, may be subject to one or more of the penalties listed:
(a) Reprimand;
(b) Suspension of driving privileges or restriction of same for not more than 90 days;
(c) Order the payment of not less than $100 or not more than $250 to the public agency processing the violation;
(d) Order the performance of not less than 80 hours of community service under the jurisdiction of the court; or
(e) Order the matter transferred to an adult court.
(6) Any minor over the age of 18 years and found violating this section shall be guilty of a Class 2 Misdemeanor.
(Ord. 90-06, passed 9-13-1990)