ORDINANCE NO. 7789

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING CIGARETTES AND TOBACCO PRODUCTS, ENACTING CHAPTER 9, ARTICLE 8A OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION AND AMENDMENTS THERETO.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

Section 1.        Chapter 9, Article 8A,of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto, is hereby enacted:

 

8A-101              PURCHASE OF TOBACCO PRODUCTS, PERSON UNDER AGE 18.

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

 

8A-102              POSSESSION OF TOBACCO PRODUCTS, PERSON UNDER AGE 18.

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

 

8A-103              SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18.

It shall be unlawful for any person to sell, furnish or distribute cigarettes or tobacco products to any person under 18 years of age.

 

8A-201              PENALTIES AND DEFENSES.

(A)                Violation of Sections 8A-101 and 8A-102 is a cigarette or tobacco infraction for which the fine is $25.  In addition, the judge of the municipal court may require the juvenile to appear in court with a parent or legal guardian.

(B)                It is a class B person misdemeanor punishable by a minimum fine of $200 for any person to (1) Sell, give or furnish any cigarettes or tobacco products to any person under 18 years of age; or (2) to buy any cigarettes or tobacco products for any person under 18 years of age.

(C)                Any defense to prosecution provided under K.S.A. 79-3322, and amendments thereto, shall also be available under this Article.

 

Section 2.        This ordinance shall be effective as of the 1st day of July, 2004.

 

Passed by the governing body this           day of                          , 2004. 

 

 

                                                                                                                                               

                                                                        Mike Rundle, Mayor

 

ATTEST:

 

 

                                                                       

Frank S. Reeb, City Clerk

 

Approved as to form and legality:

 

 

                                                                       

David L. Corliss, Assistant City Manager

  and Director of Legal Services