[Adopted 10-26-1999 by Ord. No. 83 (Ch. 16, Art. IX, Div.
4, of the 2007 Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Loose tobacco or a flat, compressed, cake of tobacco that
is inserted into the mouth to be chewed or sucked.
Any product that contains nicotine, is intended to be burned
under ordinary conditions of use, and consists of:
Any tobacco roll of tobacco wrapped in paper or in any substance
not containing tobacco; or
Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in Subsection A of this definition.
Tobacco sold in loose or bulk form that is intended for consumption
by smoking.
A pack, box, carton, or container of any kind in which cigarettes,
smokeless tobacco or other smokeless tobacco products are offered
for sale, sold or otherwise distributed to consumers.
Any location at which a consumer may purchase or otherwise
obtain cigarettes, smokeless tobacco or other tobacco product for
personal consumption.
Any person who sells cigarettes, smokeless tobacco or other tobacco products to individuals for personal consumption, or who operates a facility where vending machines or self-service displays are permitted under § 285-65E.
Any product that consists of cut, ground, powdered, or leaf
tobacco that contains nicotine and that is intended to be placed in
the oral cavity or consumed by means other than smoking.
A preparation of tobacco to be smoked, inhaled, chewed, or
placed in a person's mouth, including by way of example and not limitation,
cigarettes, cigars, chewing tobacco, tobacco snuff, smokeless tobacco,
or noncigarette smoking tobacco.
Shredded, powered, or pulverized tobacco that may be inhaled
through the nostrils, chewed or placed against the gums.
Any of the following:
It shall be unlawful for a person under 18 years of age to possess
or use a tobacco product in a public place generally open to the public.
A person who violates this section is responsible for a civil infraction,
punishable by fines, costs, community service and, counseling as set
forth in this section. Pursuant to a court order, the court may require
a person who violates this section to participate in a health promotion
and a risk reduction assessment program, if available. A person who
is ordered to participate in a health promotion and risk reduction
assessment program under this section is responsible for the cost
for participating in the program. In addition, a person who violates
this section is subject to the following:
A.
For the first violation, a fine of not more than $50 and the court
may order the person to do one of the following:
B.
For a second violation, a fine of not more than $100 and, in addition
to participation in a health promotion and risk reduction program,
the court may order the person to perform not more than 32 hours of
community service in a hospice, nursing home or long-term care facility.
C.
For a third or subsequent violation, a fine of not more than $200
and, in addition to participation in a health promotion and risk reduction
program, the court may order the person to perform not more than 48
hours of community service in a hospice, nursing home or long-term care facility.
It shall be unlawful for any person to sell, give or furnish
a tobacco product to a person who is less than 18 years of age, or
to fail to make diligent inquiry as to whether the person is less
than 18 years of age. In an action for the violation of this section,
proof that the defendant demanded and was shown, before furnishing
tobacco to a person under 18 years of age, a motor vehicle operator's
license or other bona fide photographic identification showing the
age and identity of that person, shall be a defense.
A.
It shall be unlawful for a retailer to sell a tobacco product to
any person younger than 18 years of age.
B.
It shall be unlawful for any retailer to not verify by means of photographic
identification containing the bearer's date of birth that a person
purchasing a tobacco product is younger than 18 years of age, unless
the person purchasing a tobacco product is over the age of 26.
C.
Except as otherwise provided in Subsection E of this section, it shall be unlawful for a retailer to sell a tobacco product in any manner other than a direct, face-to-face exchange without the assistance of any electronic or mechanical device (such as a vending machine).
D.
No retailer may break or otherwise open any cigarette or smokeless
tobacco package to sell or distribute individual cigarettes or a number
of unpackaged cigarettes that is smaller than the quantity in the
minimum cigarette package size permitted by law, or any quantity of
any pipe tobacco, cigarette tobacco, smokeless tobacco or noncigarette
smoking tobacco that is smaller than the smallest package distributed
by the manufacturer for individual consumer use.
E.
It shall be unlawful for any retailer to sell any tobacco product
from or through a vending machine or from or through self-service
displays, unless the vending machine and self-service displays are
located in facilities where the retailer ensures that no person younger
than 18 years of age is present, or permitted to enter, at any time.
F.
All retailers shall post, in a place close to the point of sale and
conspicuous to both employees and customers, a sign produced by the
State Department of Public Health 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 criminal penalties." The sign required under this section shall
be located within six feet of the point of sale and it shall be 5 1/2
inches by 8 1/2 inches in size, with the statement required under
this section printed in thirty-six-point bold face type.
It shall be unlawful for any person to furnish fraudulent or
false identification to a person less than 18 years of age, or for
a person less than 18 years of age to use fraudulent or false identification
to purchase or obtain any cigarette, cigar, chewing tobacco, tobacco
snuff, or tobacco product in any other form.
No outdoor advertising, or advertising visible from outdoors,
for a tobacco product, including billboards, signs, posters, placards,
window signs or banners, may be placed within 1,000 feet of the perimeter
property lines of a public playground or playground area in a public
park, elementary school or secondary school.
A.
The use of tobacco products is prohibited throughout school buildings,
grounds and vehicles.
B.
A person who violates Subsection A of this section is responsible for a civil infraction, punishable by a fine of not more than $50.
C.
SCHOOL DISTRICT
SCHOOL PROPERTY
As used in this section:
A "school district," "local act school district," or "intermediate
school district," as those terms are defined in the School Code of
1976, Public Act No. 451 of 1976 (MCLA § 380.1 et seq.);
or a consortium or cooperative arrangement consisting of any combination
of these.[1]
A building, facility, or structure and other real estate
owned, leased, or otherwise controlled by a school district in the
Township.
