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(A) It shall be unlawful for any person under the age of 17 enrolled in a public, private or parochial school within the corporate limits of the city to absent himself or herself from attendance at school without parental permission. Any person who shall so absent himself or herself so as to be a chronic truant as defined by state law shall be guilty of the offense of truancy. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself or herself from school without parental permission shall not constitute truancy if permission is submitted in writing to the proper school authorities within 24 hours after such absence.
(B) It shall be an unlawful for a parent or person in loco parentis to knowingly submit to the proper school authorities a written excuse under this section that contains false information.
(C) It shall be unlawful for any person having custody or control of any child subject to compulsory school attendance under the state school code to permit such child to be absent from such attendance without valid cause for all or any part of a school day, and shall be deemed to have permitted truancy.
(D) Parental permission shall include permission from a person in loco parentis, and shall be given for reasons only of personal illness, serious family illness, death in the family, serious home emergencies, necessary and lawful family support employment, religious convocation classes, principal’s permission, and compelling family reasons.
(1980 Code, § 31.155) (Ord. 9199, passed 10-31-2011) Penalty, see § 134.99
(A) It is unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street or highway at the following times:
(1) Between 12:01 a.m. and 6:00 a.m. Saturday;
(2) Between 12:01 a.m. and 6:00 a.m. Sunday; and
(3) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.
(B) The following are absolute affirmative exceptions to a charge under this section:
(1) The minor is accompanied by the child’s parent, legal guardian or a sibling who is at least 21 years of age;
(2) The minor is accompanied by a person who is at least 21 years of age and known and approved by the minor’s parent or legal guardian; and
(3) The minor is participating in, going directly to or returning directly from any of the following:
(a) Employment, which the minor is authorized by federal or state law to perform;
(b) An activity sponsored by the minor’s school;
(c) A religious activity;
(d) An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(e) Any activity involving the exercise of the minor’s rights protected by the First Amendment of the United States Constitution or Article 1, §§ 3, 4 and 5 of the Constitution of the state or both; and
(f) Any activity conducted by a non-profit or governmental entity that provides recreation, education, training or other care under the supervision of one or more adult.
(C) A citation for violation of division (A) above may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the absolute, affirmative exceptions in division (B) above is applicable.
(D) A police officer considering an arrest for division (A) above must make fair and reasonable inquiry into whether any of the defenses in division (B) above pertain to the minor that officer might detain or investigate for a violation of division (A) above before issuing a citation. REASONABLE INQUIRY means discussion with the minor and should the minor choose to speak with the officer, a bona fide attempt to make contact with any person who, based upon what the minor relates, could corroborate the existence of a defense as set forth in division (B) above.
(E) It is unlawful for a parent, legal guardian, custodian or any other person to knowingly allow or assist a minor in his or her care, custody or control to violate division (A) above.
(F) It is unlawful for any person knowingly or intentionally to provide untruthful, false or intentionally misleading information to an officer conducting a reasonable inquiry into division (B) above defenses as required by division (D) above. Prosecution under this division shall not preclude an additional prosecution under city or state penal provisions for interfering with an officer or obstruction of justice.
(G) The defenses set forth in division (B) above do not apply to a minor in violation of division (A) above and an arresting officer has no duty to conduct an investigation into those defenses where there is probable cause of the officer to believe the minor is committing, has committed during the prohibited curfew period or is attempting to commit a violation of any provision of Chapter 111 or Title XIII of this code, the activity enjoying no constitutional protection.
(H) This section shall become effective upon its passage by this Council and signature by the Mayor.
(I) In the event any sentence, portion or clause of this section shall be deemed by any court unconstitutional or otherwise invalid or unenforceable, the divisions and provisions not affected or so deemed shall remain in full force and effect and be enforceable through the home rule authority of this city and the jurisdiction of the Circuit Court.
(1980 Code, § 30.401) (Ord. 9045, passed 6-20-2005) Penalty, see § 134.99
TOBACCO REGULATIONS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE NICOTINE PRODUCT. A product or device not consisting of or containing tobacco that provides for the ingestion into the body of nicotine, whether by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means. ALTERNATIVE NICOTINE PRODUCT excludes cigarettes, smokeless tobacco, or other tobacco products as these terms are defined herein and any product approved by the United States Food and Drug Administration as a non-tobacco product for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.
PERSON. Any natural person, partnership, limited liability company, corporation, company or other business or entity, or the manager, agent, officer or employee of any of them.
TOBACCO PRODUCTS. Cigarettes, cigar, smokeless tobacco or other tobacco products.
TOBACCO VENDOR. Any person engaged in the business of selling tobacco products at retail in the city.
(1980 Code, § 30.201) (Ord. 9360, passed 11-26-2018)
(A) Prohibited sales and delivery. It shall be unlawful for any person, including any tobacco vendor to sell, offer for sale, give away or deliver tobacco products to any person under the age of 18 years.
(B) Proximity to certain institutions. It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco products within 100 feet of any school, child care facility or other building used for education or recreational programs for persons under the age of 18 years. Notwithstanding the foregoing, this division shall not apply to any sale or offer of sale by a tobacco vendor or tobacco vendor’s successors or assigns who is, prior to the effective date of this section, lawfully engaged in the business of the retail sale of tobacco products at a location which is within 100 feet of a school facility or building.
(C) Certain free distributions prohibited. It shall be unlawful for any tobacco vendor or any person in the business of selling or otherwise distributing, promoting or advertising tobacco products, or any employee or agent of any tobacco vendor or person, in the course of the tobacco vendor’s or person’s business, to distribute, give away or deliver tobacco products free charge to any person on any right-of-way, park playground or other property owned by the city, and school district, any park district or an public library.
(1980 Code, § 30.202)
Penalty, see § 134.99
It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent their identity or age, or the use of any false or altered identification for the purpose of purchasing tobacco products.
(1980 Code, § 30.203) Penalty, see § 134.99
It shall be unlawful for any person under the age of 18 years to possess any tobacco products; provided that the possession by a person under the age of 18 years is under the direct supervision of the parent or guardian of the person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(1980 Code, § 30.204) Penalty, see § 134.99
A person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person’s establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age. Before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by:
(A) Examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age; or
(B) For sales made through the internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older.
(Ord. 9360, passed 11-26-2018) Penalty, see § 134.99
A person under 18 years of age shall not possess an alternative nicotine product.
(Ord. 9360, passed 11-26-2018) Penalty, see § 134.99
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