HomeMy WebLinkAbout2005-11-21-Ordinance 2560_Criminal Code, Cigarettes and TobaccoORDINANCE NO.2560
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
WAUKEE,IOWA BY ADDING A NEW CHAPTER PROHIBITING THE
SALE OR SUPPLY OF TOBACCO,TOBACCO PRODUCTS,OR
CIGARETTES TO A MINOR AND PROHIBITING A MINOR FROM
SMOKING,USING,POSSESSING,PURCHASING OR OTHERWISE
ATTEMPTING TO PURCHASE ANY TOBACCO,TOBACCO PRODUCTS,
OR CIGARETTES.
I
BE IT ORDAINED by the City Council of the City of Waukee,Iowa;
SECTION 1.NEW CHAPTER.The Code of Ordinances of the City of Waukee,Iowa,
2005 is amended by adding a new CHAPTER in Chapter 600,numbered 621 entitled
CIGARETTES AND TOBACCO,which is hereby adopted to read as follows:
CHAPTER 621
CIGARETTES AND TOBACCO
621.1 PERSONS UNDER LEGAL AGE.
1.It is unlawful for any person to sell,give or otherwise supply any
tobacco,tobacco products,or cigarettes to any person under eighteen (18)
years of age.
2.It is unlawful for any person under eighteen (18)years of age to
smoke,use,possess,purchase or attempt to purchase any tobacco,tobacco
products or cigarettes.Possession of cigarettes or tobacco products by a
person under eighteen years of age shall not constitute a violation of this
section,if said person possesses the cigarettes or tobacco products as part of
the person's employment and said person is employed by a person who holds
a valid permit under Chapter 453A of the Code ofIowa and lawfully offers for
sale or sells cigarettes or tobacco products.
621.2 STATE LAW INCORPORATED BY REFERENCE.This section shall
incorporate by reference the definitions,restrictions,requirements and limitations
contained in Chapter 453A,Code ofIowa,as amended.
621.3 PENALTY.Any violation of this chapter shall be considered a simple
misdemeanor as provided in Chapter 620 of this Code.Nothing in this subsection
shall be construed to preclude the City from complying with civil penalty suspension
and revocation procedures specifically set forth in the Code of Iowa,as amended.
SECTION 2.REPEALER.All ordinances or parts of ordinances in conflict with the provisions Jl
of this ordinance are hereby repealed.
SECTION 3.SEVERABILITY CLAUSE.If any section,provision or part of this ordinance
shall be adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the
ordinance as a whole or any section,provision,or part thereof not adjudged invalid or
unconstitutional.
SECTION 4.WHEN EFFECTIVE.This ordinance shall be in effect from and after its fmal
passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 21 st day of November 2005,and
approved this 21 st day of November 2005.V