(A) Tobacco products prohibited on school property.
(1) Except as otherwise provided in division (A)(5) below, a person shall not use a tobacco product on school property.
(2) A person, of any age, who violates division (A)(1) above, shall be liable for a municipal civil infraction, punishable by a fine of not more than $50.
(3) For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SCHOOL DISTRICT. A school district, local act school district, or intermediate school district, as those terms are defined in the School Code of 1976, Public Act 451 of 1976, being M.C.L.A. §§ 380.1 to 380.1852; a joint high school district formed under Public Act 451 of 1976, part 3a; or a consortium or cooperative arrangement consisting of any combination of these.
SCHOOL PROPERTY. A building, facility or structure and other real estate owned, leased or otherwise controlled by a school district.
TOBACCO PRODUCT. A preparation of tobacco to be inhaled, chewed or placed in a person’s mouth.
USE A TOBACCO PRODUCT. Any of the following:
1. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device;
2. The inhaling or chewing of a tobacco product; or
3. The placing of a tobacco product within a person’s mouth.
(4) This section may be enforced by the city’s Police Department, the various school principals or their designees, school security police or school liaison or all attendance officers; provided, however, that, all appearance tickets or citations written in violation of this division (A) shall be coordinated through the city’s Police Department.
(5) Division (A)(1) above does not comply to those parts of school property consisting of outdoor areas including, but not limited to, an open-air stadium during either of the following time periods:
(a) Saturdays, Sundays and other days on which there are no regularly scheduled school hours; or
(b) After 6:00 p.m. on days during which there are regularly scheduled school hours.
(Prior Code, § 25-21)
(B) Restrictions for e-cigarette (or similar items) use or possession in schools and by minors.
(1) No person under the age of 18 years of age may possess or use (including inhaling or exhaling) any of the following items upon school property (as defined in division (A) above) or anywhere else within the city:
(a) Electronic nicotine delivery system (ends);
(b) Electronic cigarette or electronic smoking device;
(c) E-Liquid, E-Juice, E-Wax;
(d) Vapes, vaporizers, vape pens;
(e) E-Pipes;
(f) Hookah, water pipe or any other type of pipe; and/or
(g) Any other similar type of item as described above that could be used for inhaling or exhaling, or vaping ingredients or contents including, but not limited to, nicotine, cannabis (THC), flavorings, propylene glycol, glycerin or any other ingredients.
(2) A person who is 18 years of age or older shall not use or possess any of the items listed in division (B)(1) above on school property, except for:
(a) Those areas of school property that are outdoors, including, but not limited to, an open area stadium during either of the following time periods:
1. Saturdays, Sundays and other days on which there is no regularly scheduled classes or school activities; or
2. After 6:00 p.m. on days which there are regularly scheduled school hours and activities.
(b) In the event any person possesses or uses any of the above items described in division (B)(2)(a) above in violation of this section, the item will be seized and forfeited to the city.
(Prior Code, § 25-21.1)
(C) Selling, giving or furnishing tobacco products to person under age 18.
(1) A person shall not sell, give or furnish any cigarette, cigar, chewing tobacco, tobacco snuff or tobacco in any other form to a person under 18 years of age.
(2) Beginning 90 days after the effective date of this section, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement: “The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to penalties as provided by law.”
(3) If the sign required under division (C)(2) above is more than six feet from the point of sale, it shall be five and one-half inches by eight and one-half inches, and the statement required under division (C)(2) above shall be printed in 36-point boldface type. If the sign required under division (C)(2) above is six feet or less from the point of sale, it shall be two inches by four inches, and the statement required under division (C)(2) above shall be printed in 20-point boldface type.
(4) It is an affirmative defense to a charge pursuant to division (C)(1) above that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of cigarettes, cigars, chewing tobacco, tobacco snuff and other tobacco products to persons under 18 years of age, and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this division (C)(4) shall file and serve notice of the defense, in writing, upon the court and the prosecuting attorney. The notice shall be served not less than 14 days before the date set for trial.
(5) A prosecuting attorney who proposes to offer testimony to rebut the affirmative defense described in division (C)(4) above shall file and serve a notice of rebuttal, in writing, upon the court and the defendant. The notice shall be served not less than seven days before the date set for trial, and shall contain the name and address of each rebuttal witness.
(Prior Code, § 25-22)
(D) Possessing or using tobacco products in public by person under age 18. A person under 18 years of age shall not possess or smoke cigarettes or cigars; or possess or chew, suck or inhale chewing tobacco or tobacco snuff; or possess or use tobacco in any other form, on a public highway, street, alley, park or other lands used for public purposes, or in a public place of business or amusement.
(Prior Code, § 25-23)
(Ord. 985, passed 10-24-1994; Ord. 1138, passed 3-11-2002; Ord. 1472, passed 2-25-2019) Penalty, see § 150.999