CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\ARTICLE 3. POSSESSION OF CIGARETTES OR TOBACCO PRODUCTS BY MINORS

As used in this article, the following definitions shall apply:

(a)   Cigarettes -Any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrappers in greater part made of any material except tobacco

(b)   Tobacco Products - Cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products does not include cigarettes.

(c)   Sale - Any transfer of title or possession or both, exchange, barter, distribution or gift of cigarettes or tobacco products, with or without consideration.

(Ord. 887, Sec. 1)

(a)   It shall be unlawful for any person who is under 18 years of age to purchase or attempt to purchase cigarettes or tobacco products.

(b)   It shall be unlawful for any person who is under 18 years of age to possess or attempt to possess cigarettes or tobacco products.

(c)   Violation of subsections (a) and (b) of this article or amendments thereto is a cigarette or tobacco infraction.

(Ord. 887, Secs. 2:4)

(a)   When a person is stopped by a law enforcement officer for a cigarette or tobacco infraction, the person shall not be taken before a judge of the district count unless the person demands an immediate appearance before a judge.

(b)   When a person is stopped by a law enforcement officer for a cigarette or tobacco infraction, the law enforcement officer may prepare and deliver to the person a written cigarette or tobacco citation on a form approved by the secretary of revenue or the secretary’s designee. The citation shall contain a notice to appear in court, the name and address of the person, the offenses or offenses charged, the time and place when and where the person shall appear in court, the signature of the law enforcement officer and any other pertinent information. Time specified in the notice to appear shall be the next regularly scheduled court hearing date after the alleged infraction. The place specified in the notice to appear shall be before the Municipal Judge of the city.

(c)   The notice to appear shall provide a place where the person may make a written entry of appearance, waive the right to a trial and plead guilty or no contest. The notice to appear shall provide a space where the law enforcement officer shall enter the fine specified in this article and amendments thereto and court costs in the amount provided by law.

(d)   If the notice to appear does not do so, the law enforcement officer shall provide a person charged with a cigarette or tobacco infraction a form explaining the person’s right to appear and right to a trial and the person’s right to pay the appropriate fine and court costs prior to the appearance date. The law enforcement officer shall provide the person with the address of the court to which the written entry of appearance, waiver of trial, plea of guilty or no contest and payment of fine and court costs shall be mailed.

(e)   Prior to the time specified in the notice to appear, a person charged with a cigarette or tobacco infraction may enter a written appearance, waive right to trial, plead guilty or no contest and pay the $25 fine and court costs provided by law. Payment may be made by mail or in person and may be by personal check. The cigarette or tobacco citation shall not have been complied with if a check is not honored for any reason, or if the fine and court costs are not paid in full. When a person charged with a cigarette or tobacco infraction makes payment without executing a written waiver of right to trial and plea of guilty or no contest, the payment shall be deemed such an appearance, waiver of right to trial and plea of no contest.

(f)   Acts classified as cigarette or tobacco infractions by this article and amendments thereto shall be classified as cigarette or tobacco infractions by the city. The fine for an cigarette or tobacco infraction shall be $25.

(Ord. 887, Sec. 5)