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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2.REPEALER.All ordinances or parts of ordinances in conflict with the provisions Jl of this ordinance are hereby repealed.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