Any person under the age of 18 years who shall have in his or her possession or physical control any cigarettes, cigars, tobacco material in any form whatsoever including through the use of electronic nicotine delivery systems or alternative nicotine products, shall be guilty of a misdemeanor and penalized pursuant to § 130.99. Any person so charged with the violation of this section may be free from prosecution when such individual shall have furnished evidence for the conviction of the person or persons selling or giving to such individual under the age of 18, the cigarettes, cigars, tobacco material or nicotine including possession via electronic nicotine delivery systems and alternative nicotine products or tobacco material.
(Ord. 2023-02, passed 2-7-2023)