Chapter 9.39
MINORS AND TOBACCO PRODUCTS
Sections:
9.39.030 Purchase or consumption--Infraction.
9.39.040 Sale, gift or transfer of tobacco products.
9.39.010 Purpose.
Based upon the studies in relation to the negative impact of tobacco use upon the short-term and long-term health of individuals, the city finds that the public health and safety are served by the prohibition of the acquisition, possession, and use of tobacco products by individuals less than the age of eighteen. (Ord. 940 §1, 1995).
9.39.020 Definitions.
For purposes of this chapter, the following terms shall mean as follows, unless otherwise required by the context:
"Minor" means an individual less than the age of eighteen years.
"Public place" means a public street, alley, right-of-way, sidewalk, park, or any structure, facility, or area within the city generally open to the public. By way of example, and not by way of limitation, it shall include schools, school grounds, stores, restaurants, parking lots, the interior of a motor vehicle located upon or within a public place, or private property upon which the individual does not have specific authority to be present.
"Tobacco product" or "tobacco" means a product which contains tobacco and is intended for human consumption; provided, that with the goal of insuring consistency with state law, to the extent that RCW 70.155.010(7), as now existing or hereafter amended or succeeded provides a definition which is broader, said statutory definition shall be deemed to be adopted by this reference. By way of representation, it shall include cigarettes, cigars, cigarillos, and chewing tobacco. (Ord. 940 §2, 1995).
9.39.030 Purchase or consumption--Infraction.
A minor commits an infraction who either:
A. Purchases or attempts to purchase or obtains or attempts to obtain tobacco products; or
B. Uses or consumes a tobacco product in a public place. Upon a finding of committed, that individual shall be subject to the civil penalties, and mitigation therefrom, set forth in Section 9.39.050 of this chapter. (Ord. 940 §3, 1995).
9.39.040 Sale, gift or transfer of tobacco products.
It is unlawful to sell, give or transfer, or to allow the sale, gift or transfer to any minor any tobacco product, including, but not limited to, any cigar, cigarette, chewing tobacco, or to do or allow the same acts in relation to cigarette papers or wrappers. Compliance with RCW 70.155.090(2), as now existing or hereafter amended or succeeded shall be a defense to a prosecution under this section. A conviction of a violation of this section shall be subject to punishment as provided in Section 1.28.010 of this code.
9.39.050 Violation--Penalty.
An individual found to have violated the provisions of Section 9.39.030 of this chapter shall be subject to the following penalties:
A. For the first violation, a monetary penalty of twenty-five dollars or, in the discretion of the court, proof of successful participation in a smoking cessation program, or both.
B. For the second violation found to have been committed, a monetary penalty of fifty dollars and, upon the order of the Court, proof of successful participation in a smoking cessation program.
C. For the third and successive violations found to have been committed, a monetary penalty of up to two hundred fifty dollars; provided, that seventy-five dollars of said penalty may not be suspended nor deferred. (Ord. 940 §5, 1995).