A person under eighteen years of age shall not possess or smoke cigarettes or cigars; possess or chew, suck or inhale chewing tobacco or tobacco snuff; or possess or use tobacco in any other form; on a public highway, street, alley, park or other lands used for public purposes, or in a public place of business or amusement. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk reduction assessment program under this section, and such person shall be responsible for the costs of participating in the program. In addition, a person who violates this section is subject to the following:
(a) For a first violation, the court may order the person to do the following:
(1) Perform not more than sixteen hours of community service in a hospice, nursing home or long-term care facility.
(2) Participate in a health promotion and risk reduction program, as described in this section.
(b) For a second violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than thirty-two hours of community service in a hospice, nursing home or long-term care facility.
(c) For a third or subsequent violation, in addition to participation in a health promotion and risk reduction program, the court may order the person to perform not more than forty-eight hours of community service in a hospice, nursing home or long-term care facility.
(d) Requirements and orders of the court authorized by this section shall be in addition to or in lieu of the penalty provided in Section 676.99, at the discretion of the court.
(Res. 93-729. Passed 10-12-93.)