A. Prohibited: It is unlawful for any person under the age of twenty-one (21) years to possess or use any tobacco products.
B. Penalty:
1. Fine: Any person violating subsection A of this section is guilty of a misdemeanor punishable by a fine of not more than twenty five dollars ($25.00).
2. Community Service: Upon a conviction for violation of subsection A of this section, the municipal court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.
C. Affirmative Defense: It is an affirmative defense to a prosecution under subsection A of this section that the defendant possessed or used the tobacco product in the home of, or under the direct supervision of, his parent or guardian. (Ord. 91-12-001, 3-10-1992; amd. Ord. 2020-001, 3-17-2020)