A. Definition: As used in this section, "tobacco products" means any substance containing tobacco leaf, including, but not limited to: cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
B. Prohibited Sale Or Delivery:
1. No person shall sell, offer for sale, give away or deliver tobacco products to any person under the age of eighteen (18) years. (Ord. 318, 11-20-1997)
2. Any person violating subsection B1 of this section is guilty of a misdemeanor punishable by a fine as provided in section 1-4-1 of this code. (Ord. 318, 11-20-1997; amd. 2014 Code)
3. It is an affirmative defense to a prosecution under subsection B1 of this section that:
a. In the case of a sale, offer for sale, giving away or delivery, the person who sold, offered to sell, gave away or delivered the tobacco product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the tobacco product as being eighteen (18) years of age or older; or
b. The tobacco product was given or delivered to the person under eighteen (18) years of age by his parent or guardian, and the tobacco product was given or delivered to the person for use in the privacy of his parent's or guardian's home or under the direct supervision of the parent or guardian.
C. Purchase By Minors Prohibited:
1. No person under the age of eighteen (18) years shall purchase tobacco products, or misrepresent his/her identity or age, or use any false or altered identification for the purpose of purchasing tobacco products. (Ord. 318, 11-20-1997)
2. Any person violating subsection C1 of this section is guilty of a misdemeanor punishable by a fine as provided in section 1-4-1 of this code.
D. Possession Or Use By Minors Prohibited:
1. It is unlawful for any person under the age of eighteen (18) years to possess or use any tobacco products.
2. Any person violating subsection D1 of this section is guilty of a misdemeanor punishable by a fine as provided in section 1-4-1 of this code. (Ord. 318, 11-20-1997; amd. 2014 Code)
3. It is an affirmative defense to a prosecution under subsection D1 of this section that the defendant possessed or used the tobacco product(s) in the home of, or under the direct supervision of, his/her parent or guardian. (Ord. 318, 11-20-1997)