§ 22-498. Sale; possession, use of tobacco.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chewing tobacco means loose tobacco or a flat, compressed cake of tobacco that is inserted into the mouth to be chewed or sucked.

Cigarette or cigar means those tobacco products sold as such; or, any form of tobacco commonly used by igniting and producing smoke.

Other tobacco product includes all other forms of tobacco whether used in a pipe or other.

Tobacco snuff means shredded, powdered, or pulverized tobacco that may be inhaled through nostrils, chewed, or placed against the gums.

(b)

Giving or furnishing to minors prohibited. 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. Violation of this section is a civil infraction punishable by a fine of $100.00.

(c)

Minors in possession of tobacco products. A person under the age of 18 shall not possess, consume, buy, sell, transfer, deliver 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 a public purpose, in a public, private or charter school or on school property, in a public place of business or amusement, or on other private property without the consent of the property owner or other individual authorized to control and be responsible for the property. A violation of this subsection is a civil infraction, punishable by a fine of $50.00 for the first offense and a fine of $80.00 for the second offense. Subsequent offenses are punishable in the discretion of the court by a fine of not more than $500.00. The court may, in addition to or in lieu of a fine, require the person who violates this section to participate in a health promotion and risk reduction assessment program at the violator's expense, or to perform community service in a medical facility.

(d)

Allowing minors to smoke. Any person over the age of 18 that is in the company of or accompanies a person under the age of 18 and permits the minor to smoke shall be guilty of contributing to the delinquency of a minor. This subsection shall not interfere with the right of a parent or legal guardian in the rearing or management of his minor children on private premises.

(Code 1977, § 15-267; Ord. No. 226, 7-8-1996; Ord. No. 250, 3-8-1999; Ord. No. 272, 2-28-2000)

State law reference

Similar provisions, MCL 722.641, 722.642.