(a) As used in this section:
(1) "Juvenile" means a person who is under eighteen (18) years of age;
(2) "Electronic Smoking Device" means any electronic delivery device and product containing or delivering nicotine, lobelia or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic smoking device shall include any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic Smoking Device shall not include any product that has been approved or otherwise certified by the U.S. Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
(3) "Detained" means the temporary care of a juvenile pending Juvenile Court adjudication or disposition, or execution of a Juvenile Court order, in a public or private facility designed to physically restrict the movement and activities of a juvenile.
(4) "Youth Smoking Education Program" means a private or public agency that is related to tobacco use, prevention, and cessation, that is carried out or funded by the Ohio Department of Health pursuant to Section 3701.84 of the Ohio Revised Code, 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 juvenile 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 juvenile:
(1) Use, consume or possess an Electronic Smoking Device;
(2) Purchase or attempt to purchase an Electronic Smoking Device;
(3) Order, pay for, or share the cost of an Electronic Smoking Device; or
(4) Except as provided in subsection (e) of this section, accept or receive an Electronic Smoking Device.
(c) No juvenile shall knowingly furnish false information concerning that juvenile's name, age, or other identification for the purpose of obtaining an Electronic Smoking Device.
(d) A Juvenile Court shall not adjudicate a juvenile a delinquent or unruly child for a
violation of subsection (b)(1), (2), (3), or (4) or (c) of this Section.
(e) (1) It is not a violation of subsection (b)(4) ofthis Section for a juvenile to accept orreceive an Electronic Smoking Device if the juvenile is required to do so in the performance of the juvenile's duties as an employee of that juvenile's employer and the juvenile's acceptance or receipt of an Electronic Smoking Device occurs exclusively within the scope of the juvenile's employment.
(2) It is not a violation of subsection (b)(1), (2), (3), or (4) of this Section if the juvenile possesses, purchases or attempts to purchase, orders, pays for, shares the cost of, or accepts or receives an Electronic Smoking Device, while participating in an inspection or compliance check conducted by a federal, state, local, or corporate entity at a location at which Electronic Smoking Devices are sold or distributed.
(3) It is not a violation of subsection (b)(1) or (4) of this Section for a juvenile to accept, receive, use, consume, or possess an Electronic Smoking Device while participating in a research protocol if all of the following apply:
A. The parent or legal guardian of the juvenile has consented in writing to the juvenile participating in the research protocol.
B. A review board sanctioned by the appropriate federal or state agency, or an equivalent entity, has approved the research protocol.
C. The juvenile is participating in the research protocol at the facility or location specified in the research protocol.
(f) If a Juvenile Court finds that a juvenile violated subsection (b)(1), (2), (3), ( 4) or (c) of this Section, the court may do any or all of following:
(1) Require the juvenile to attend a youth smoking education program or other smoking treatment program approved by the court, if one is available;
(2) Require the juvenile to perform not more than ten (10) hours of community service; and/or
(3) Impose a fine of not more than one hundred dollars ($100.00);
(g) If a juvenile disobeys a Juvenile Court order issued pursuant to subsection (f) of this Section, the court may do any or all of the following:
(1) Increase the fine imposed upon the juvenile under subsection (f)(3) of this Section;
(2) Require the juvenile to perform an additional twenty (20) hours of community service; and/or
(3) Suspend for a period of thirty (30) days the temporary instruction permit, probationary driver's license, or driver's license issued to the juvenile.
(h) A juvenile alleged or found to have violated subsection (b) or (c) of this Section shall not be detained under any provision of this Chapter or any other provision of the Revised Code.
(Ord. 15-2020. Passed 3-10-20.)