(a) As used in this section:
(1) “Child” has the same meaning as in Ohio R.C. 2151.011.
(2) “Cigarette” includes clove cigarettes and hand-rolled cigarettes.
(3) “Distribute” means to furnish, give, or provide cigarettes, other tobacco products, or papers used to roll cigarettes to the ultimate consumer of the cigarettes, other tobacco products, or papers used to roll cigarettes.
(4) “Tobacco product” means any product that is made from tobacco, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco or snuff.
(5) “Youth smoking education program” means a private or public agency program that is related to tobacco use, prevention and cessation, that is carried out or funded by the tobacco use prevention and control foundation pursuant to Ohio R.C. 183.07, that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than twelve hours in duration.
(b) No child shall do any of the following unless accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child:
(1) Use, consume, or possess cigarettes, other tobacco products, or papers used to roll cigarettes;
(2) Purchase or attempt to purchase cigarettes, other tobacco products, or papers used to roll cigarettes;
(3) Order, pay for, or share the cost of cigarettes, other tobacco products, or papers used to roll cigarettes;
(4) Except as provided in subsection (e) hereof, accept or receive cigarettes, other tobacco products or papers used to roll cigarettes.
(c) No child shall knowingly furnish false information concerning that child’s name, age or other identification for the purposes of obtaining cigarettes, other tobacco products, or papers used to roll cigarettes.
(d) A juvenile court shall not adjudicate a child a delinquent or unruly child for a violation of subsection (b)(1), (2), (3) or (4) or (c) hereof.
(e) (1) It is not a violation of subsection (b)(4) hereof for a child to accept or receive cigarettes, other tobacco products, or papers used to roll cigarettes, if the child is required to do so in the performance of the child’s duties as an employee of that child’s employer and the child’s acceptance or receipt of cigarettes, other tobacco products, or papers used to roll cigarettes occurs exclusively within the scope of the child’s employment.
(2) It is not a violation of subsection (b)(1), (2), (3) or (4) hereof if a child possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives cigarettes, other tobacco products or papers used to roll cigarettes while participating in an inspection or compliance check conducted by federal, state, local or corporate entity at a location at which cigarettes, other tobacco products, or papers used to roll cigarettes are sold or furnished.
(f) (1) If a juvenile court finds that a child violated subsection (b)(1), (2), (3) or (4) or (c) hereof, the court may do either or both of the following:
A. Require the child to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
B. Impose a fine of not more than one hundred dollars ($100.00);
(2) If a child disobeys a juvenile court order issued pursuant to subsection (f)(1) hereof, the court may do any or all of the following:
A. Increase the fine imposed upon the child under subsection (f)(1)B. hereof;
B. Require the child to perform not more than twenty hours of community service.
C. Suspend for a period of thirty days the temporary instruction permit, probationary driver’s license or driver’s license issued to the child.
(g) A child alleged or found to have violated subsection (b) or (c) hereof shall not be detained under any provision of this chapter or any other provision of the New Middletown Codified Ordinances or the Ohio Revised Code.
(Ord. 2007-04. Passed 2-12-07.)