(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARETTES. Any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet or any similar materials.
POSSESS or POSSESSION. Having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
SMOKE. To burn any substance containing tobacco, including a lighted cigarette, cigar, or pipe or other device used to burn tobacco.
TOBACCO PRODUCTS. The proceeds, yield or final form of anything made up wholly or in part of the genus of the plant know as “nicotiana.” Such products include but are not limited to cigars, pipe tobacco, chewing tobacco and snuff.
USE TOBACCO. To chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco.
(B) Possession and use by minors prohibited.
(1) No person under the age of 18 years shall smoke, use cigarettes or other tobacco products, or possess any substance containing tobacco.
(2) No person under the age of 18 years shall order, pay for, purchase, share the cost of or attempt to purchase cigarettes or other tobacco products.
(3) No person under the age of 18 years shall knowingly show or give false information concerning his name, age or other identification for the purpose of purchasing or otherwise obtaining cigarettes or other tobacco products in any place in the village where cigarettes or other tobacco products are sold.
(4) No person shall knowingly furnish any false information as to the name, age or other identification of any person under 18 years of age for the purpose of obtaining, or with the intent to obtain, cigarettes or other tobacco products for a person under 18 years of age, by purchase or as a gift.
(C) Penalty. Whoever violates this section is guilty of underage tobacco prohibition, a minor misdemeanor. If the offender previously has been convicted of a violation of this section they shall be guilty of a misdemeanor of the fourth degree.
(Ord. 24, passed 8-5-98) Penalty, see § 130.99