(A) Definitions: The following definitions shall apply in the interpretation and enforcement of this section:
POSSESSION: To have upon one's person or have in close proximity to one's person or in one's control.
TOBACCO PRODUCTS: Cigarettes, cigars, smokeless tobacco (which means tobacco in any form which is suitable for dipping and/or chewing) or tobacco in any other form.
(B) Delivery And Possession Of Tobacco Products:
1. Delivery Of Tobacco Products To Minors: It shall be unlawful for any person, whether acting individually or acting through an owner, officer, employee or agent, to sell, give, distribute, furnish, or deliver any tobacco products in any form to any person under the age of eighteen (18) years.
2. Possession Of Tobacco Products By A Minor: No person under eighteen (18) years of age shall have in his or her possession any tobacco product in any of its forms. It shall not be a violation of this section for any such person to have tobacco products in his or her possession while in the presence of his or her parents or legal guardian, or in the performance of a religious ceremony or while participating in any theatrical performance where possession of a tobacco product is necessary.
(C) Penalties:
1. Delivery To A Minor: A person convicted of a violation of subsection (B)1 of this section shall have committed a petty offense and shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). If an administrative citation is issued under the administrative enforcement provisions set forth in section 1-4-13 of this code for a violation of this section, the administrative enforcement citation shall impose a fine of two hundred dollars ($200.00) for a first offense, four hundred dollars ($400.00) for the second offense in a twelve (12) month period, and six hundred dollars ($600.00) for the third or any subsequent offense in a twelve (12) month period.
2. Possession By A Minor: A person convicted of a violation of subsection (B)2 of this section shall have committed a petty offense and shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00). If an administrative citation is issued under the administrative enforcement provisions set forth in section 1-4-13 of this code for a violation of this section, the administrative enforcement citation shall impose a fine of seventy five dollars ($75.00) for the violation of this section to be paid to the village of Roanoke. Multiple violations of this section under the administrative provisions of section 1-4-13 of this code shall carry a fine as designated in section 1-4-13 of this code.
3. Enhanced Penalty For Violations On School Grounds And Parks: If a person is convicted of a violation of subsection (B)2 of this section while the person is on the grounds or facilities comprising a park or school (including school buses), or is within two hundred fifty feet (250') of such school or park grounds, the person shall have committed a petty offense and shall be fined not less than one hundred twenty five dollars ($125.00) nor more than seven hundred fifty dollars ($750.00). If an administrative citation is issued under the administrative enforcement provisions set forth in section 1-4-13 of this code for a violation of this section, the administrative enforcement citation shall impose a fine of one hundred twenty five dollars ($125.00) for the violation of this section to be paid to the village of Roanoke. Multiple violations of this section under the administrative provisions of section 1-4-13 of this code shall carry a fine as designated in section 1-4-13 of this code. (Ord. 2006-08, 11-6-2006)