Loading...
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LIT TOBACCO PRODUCT. Any lighted pipe, cigarette, cigar, or other lighted device or product containing a tobacco-based product manufactured or made for the purpose of smoking. A tobacco product also includes electronic smoking devices and any accessory of a tobacco product or electronic smoking device, whether or not any of these contain tobacco or nicotine, including but not limited to, filters, rolling papers, blunt or hemp wraps, and pipes.
MOTOR VEHICLE. A Class A, Class B, Class H, or Class J vehicle as those terms are defined in W. Va. Code 17A-10-1.
(B) No person who is 18 years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual 16 years of age or less is in the motor vehicle.
(C) Enforcement of this section may only be accomplished as a secondary action when a driver of a motor vehicle has been detained for probable cause of violating another section of this municipal code.
(D) Each time a driver of a vehicle is detained for probable cause of violating another provision of this code and is cited for the offense created pursuant to this section, it shall be considered a single offense regardless of the number of individuals 16 years of age or less in the motor vehicle.
(E) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $25. No court costs or other fees may be assessed for a violation of this section.
(Ord. passed 2-18-2025)
(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) Whoever violates § 132.04 shall be fined a sum not to exceed state law or imprisoned for a term not to exceed state law, or both.
(Prior Code, § 525.99)
(C) (1) Whoever violates § 132.05 shall be fined as follows:
(a) For the first offense, a fine not to exceed state law or 20 hours of public service;
(b) For the second offense occurring within three months of the first offense, a fine not to exceed state law or 40 hours of public service; and
(c) For the third offense occurring within three months of the first offense, a fine not to exceed state law or 100 hours of public service.
(2) If the minor or parent, guardian, custodian or other adult person having the care, custody or control of said minor elects public service, said minor or parent, guardian, custodian or other adult person having care of said minor may, as an alternative, attend an appropriate class of study under the direction of the Chief of Police. Upon satisfactory completion of such class, the fines listed in divisions (C)(1)(a), (C)(1)(b) and (C)(1)(c) above and public service shall be waived.
(Prior Code, § 525.05)
(D) (1) Any firm or corporation that violates any provision of §§ 132.06(A)(1) or (A)(2) and any individual who violates any provision of § 132.06(A)(1) shall be fined a sum not to exceed state law for the first offense. Upon any subsequent violation at the same location or operating unit, the firm, corporation or individual shall be fined as follows: a sum not to exceed state law for the second offense, if it occurs within two years of the first conviction; a sum not to exceed state law for the third offense, if it occurs within two years of the first conviction; a sum not to exceed state law for the fourth offense, if it occurs within five years of the first conviction; and a sum not to exceed state law for the fifth and any subsequent offenses, if the fifth or subsequent offense occurs within five years of the first conviction.
(2) Any individual who knowingly and intentionally sells, gives or furnishes or causes to be sold, given or furnished to any person under the age of 18 years any cigar, cigarette, snuff, chewing tobacco or tobacco product, in any form, for the first offense shall be fined a sum not to exceed state law; upon conviction thereof for a second or subsequent offense shall be fined a sum not to exceed state law.
(3) Any person violating the provisions of § 132.06(B) shall for the first violation be fined a sum not to exceed state law and be required to serve eight hours of community service; for a second violation, the person shall be fined a sum not to exceed state law and be required to serve 16 hours of community service; and for a third and each subsequent violation, the person shall be fined a sum not to exceed state law and be required to serve 24 hours of community service.
(W. Va. Code 16-9A-2) (Prior Code, § 525.06)
(Ord. 94-01, passed 3-1-1994)