(a) A person under 21 years of age shall not purchase or attempt to purchase, possess or attempt to possess, present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product, consume or otherwise use tobacco products on a public highway, street, alley, park or other lands used for public purposes, or any public place of business or amusement, or on school property within the village. For purposes of this section, a person under the age of 21 is deemed a “minor.”
(b) A person who violates subsection (a) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each offense. Pursuant to a probation order, the court may require a person who violates this section to participate in a health promotion and risk reduction assessment program, if available. A probationer who is ordered to participate in a health promotion and risk reduction assessment program under this section is responsible for the cost of participating in the program. In addition, a person who violates this section may be subject to the court ordering community service and other appropriate legal sanctions.
(c) A person under 21 years of age shall not purchase or attempt to purchase, possess or attempt to possess, present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a vapor or alternative nicotine product, consume or otherwise use vapor products or alternative nicotine delivery products on a public highway, street, alley, park or other lands used for public purposes, or any public place of business or amusement, or on school property within the village.
(d) A person who violates subsection (c) is responsible for a municipal civil infraction or guilty of a misdemeanor as follows:
(1) For the first violation, the person is responsible for a municipal civil infraction and shall be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 16 hours of community service.
(2) For the second violation, the person is responsible for a municipal civil infraction and shall be fined not more than $50.00. The court may order the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 32 hours of community service.
(3) If a violation of subsection (c) occurs after two or more prior judgements, the person is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation. Pursuant to a probation order, the court may also require the individual to participate in a health promotion and risk reduction assessment program, if available. In addition, the court may order the individual to perform not more than 48 hours of community service.
(Ord. 85-A12. Passed 3-11-20.)