Ordinance 2003-94 - Laserfiche WebLink

/*P./. 4a ORDINANCE NO. 2003-94 AN ORDINANCE relating to minors and tobacco products, adding a new chapter to EMC Title 9 (Public Peace, Morals and Welfare). NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Sale of Tobacco to Minors A. Every person who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor. B. It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another. C. It is a defense to a prosecution for a violation of this section that the person making a sale of tobacco products reasonably relied on any of the officially issued identification as defined in RCW 70.155.090(1), as now or hereafter amended. Section 2: Purchasing or Obtaining Tobacco by Minor A person under the age of eighteen who purchases or attempts to purchase or obtains or attempts to obtain cigarettes or tobacco products commits a civil infraction and is subject to a fine of $50.00, not including any statutory assessments, or participation in a smoking cessation program, or both. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity. Section 3: Police Officer Authority For the purpose of enforcing the provisions of Sections 1 and 2 of this ordinance, a police officer who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a police officer. Section 4: Codification. Sections 1, 2 and 3 of this ordinance shall be codified as a new chapter of Title 9 of the Everett Municipal Code. Section 5: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City