(A) It is unlawful for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle or secondary school between the hours of 6:00 a.m. and midnight.
(B) A law enforcement officer may issue a citation to any person in violation of the provisions of this section.
(C) Penalty. Any person issued a citation pursuant to this section shall be deemed to be charged with a civil infraction. A fine of $25 shall be assessed for each violation of this section. As an alternative to the fine, the person issued the citation may be considered to complete 50 hours of community service, if available, or successful completion of a school approved anti-tobacco "alternative to suspension" program, if available.
(D) Refusal to accept and sign citation. Any person who willfully refuses to accept and sign a citation issued pursuant to this section shall be guilty of a separate violation and that person may be arrested by any law enforcement officer of the city.
(E) This section shall not apply to any person occupying a moving vehicle or within a private residence.
(Ord. 1203, passed 1-15-97)