Ordinance # 99-05-89

 

 

An Ordinance of the City of Horn Lake, Mississippi prohibiting the Purchase and Possession of Tobacco and/or Tobacco Products by Persons under age Eighteen (18), Prohibiting the Misrepresentation of Age by Persons under age Eighteen (18) and Prohibiting the use of Tobacco and/or Tobacco Products on School Property and/or at School Sponsored Activities by Students and Persons under the age of Eighteen (18)

 

Whereas, the City of Horn Lake, pursuant to Section 21-17-5 of the Mississippi Code, is authorized to adopt ordinances with respect to its municipal affairs which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi; and

 

Whereas, the City of Horn Lake, pursuant to section 21-19-1 of the Mississippi Code, is authorized to make regulations to secure the general health of the municipality; and

 

Whereas, federal and state law make it unlawful for persons under the age of eighteen (18) to purchase and/or use tobacco and/or tobacco products; and

 

Whereas, the City of Horn Lake, has the duty to protect and promote the health of is citizenry, especially those citizens under the age of eighteen (18); and

 

Whereas, the City of Horn Lake, in order to promote and protect the health of its citizenry, finds that addiction to tobacco and/or tobacco products by persons under the age of eighteen (18) is a serious public health problem with great personal health consequences; and

 

Whereas, the City of Horn Lake finds that widely accepted medical research has determined that the use of and addiction to tobacco and/or tobacco products results in serious health problems and that the use of and addiction to such particularly harmful to persons under the age of eighteen (18); and

 

Whereas, the Mayor and Board of Aldermen of the City of Horn Lake find that this ordinance prohibiting the purchase and use of tobacco and/or tobacco products by person under age eighteen (18), prohibiting the misrepresentation of age by persons under age eighteen (18) and prohibiting the use of tobacco and/or tobacco products on school property and/or at school sponsored activities by person under the age of eighteen (18) years is rationally related to these aforementioned purposes, is narrowly tailored to be only as restrictive as needed to effect these purposes, is not arbitrary and capricious and is necessary to the public health, safety and welfare.

 

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi as follows, to wit:

 

Section 1. Definitions

a.    Retailer Shall mean every person, company, corporation, partnership, business association, joint venture, estate trust, or any other combination acting as a unit or legal entity other than a wholesale dealer as defined in Section 97-32-3 of the Mississippi Code of 1972, whose business is that of selling merchandise at retail, who shall sell or offer for sale tobacco to the consumer.

b.    School Property Shall mean any public or private school buildings or bus, public or private school campus, grounds, recreational area, athletic field or other property owned, used or operated by any local school board, school, board of trustees or directors for the administration of any public or private education institution. School Property, for the purposes of this ordinance shall not include any public or private junior college, college or university or any sixteenth section school land or lieu land on which there is not located a school building, school campus, recreational area or athletic field.

c.     School Sponsored Activity Shall mean any school sponsored event for athletic, academic, musical, social or entertainment purpose, attended by students, including any transportation to and from provided by the school, regardless of whether such activity is held on school property.

d.    Student Shall mean any student of a public or private elementary, middle, junior high or high school, regardless of whether such person is eighteen (18) years of age or older.

e.    Tobacco and/or Tobacco Product Shall mean any substance that contains tobacco including, but not limited to, cigarettes, cigars, pipes, snuff, chewing tobacco, pipe tobacco, smoking tobacco, smokeless tobacco, spit tobacco or tobacco spittle.

f.      Use shall mean smoking of any tobacco and/or tobacco product, the possession of a lighted cigarette, cigar, or other tobacco product, the chewing, oral consumption, spitting, inhaling, or other ingestion of any tobacco product or the possession of any container of tobacco spittle.

 

Section 2. Possession of Tobacco/Tobacco Products by Persons under Age Eighteen (18) Prohibited

It shall be unlawful for any person under the age of eighteen (18) to posses any tobacco and/or tobacco products within the corporate limits of the City of Horn Lake.

 

Section 3. Possession of Tobacco/Tobacco Products on School Property and at a School Sponsored Activity Prohibited

It shall be unlawful for any person under the age of eighteen (18), including students over the age of eighteen (18) or older, to possess any tobacco and /or tobacco products on school property and/or at any school sponsored activity within the corporate limits of the City of Horn Lake.

 

Section 4. Use of Tobacco/Tobacco Products by Person Under the Age of Eighteen (18) Prohibited

It shall be unlawful for a person under the age of eighteen (18) to use any tobacco and/or tobacco products within the corporate limits of the City of Horn Lake.

 

Section 5. Use of Tobacco/Tobacco Products on School Property and at a School Sponsored Activity

It shall be unlawful for any person under the age of eighteen (18), including students age eighteen (18) or older, to use tobacco and /or tobacco products on school property and/or at any school sponsored activity within the corporate limits of the City of Horn Lake.

 

Section 6. Misrepresentation of Age for Purpose/Possession of Tobacco/Tobacco Products Prohibited

It shall be unlawful for an person under the age of eighteen (18) within the corporate limits of the City of Horn Lake, for the purpose of purchasing and/or possessing of tobacco and/or tobacco products, to falsely state he or she is eighteen (18) years of age or older or to present any form or means of identification which falsely stated he or she is eighteen (18) years of age or older.

 

Section 7. Purchase of Tobacco/Tobacco Products by Persons under Age Eighteen (18) Prohibited

It shall be unlawful for any person under the age of eighteen (18) to purchase tobacco and/or tobacco products within the corporate limits of the City of Horn Lake.

 

Section 8. Violation of Ordinance by Person under Age eighteen (18)

Any person under the age of eighteen (18) who is found guilty of violating this ordinance shall be punished by a fine of no more than One Hundred Dollars ($100.00), or no more than thirty hours of community service, or both.

 

Section 9. Alternative to Punishment by Community Service for Persons under Age Eighteen (18)

As an alternative to imposing community service for punishment, any person under the age of eighteen (18) who is found guilty of violating this ordinance may be punished be requiring such persons to attend and complete a Tobacco Education Program and/or Tobacco Use Cessation Program approved by the Court. These persons found guilty of violating this ordinance who are required to attend one of the programs provided above, may be required to pay for the reasonable costs of their attendance and completion of such program in lieu of payment of a fine of no more than One Hundred Dollars ($100.00).

 

Section 10. Violation of Ordinance by Person Age Eighteen (18) and Older

Any person age eighteen (18) or older who is a student and who is found guilty of violating this ordinance shall be punished by a fine of no more than One Hundred Dollars ($100.00) , or no more than thirty hours community service, or both.

 

Section 11. Date of Effect

This Ordinance shall take effect and be in force thirty days after its passage.

 

Section 12. Conflicting Ordinances, Resolutions, and Orders Repealed

All ordinances, resolutions and orders in conflict with this ordinance are hereby repealed to the extents of the conflict at the date of effect of this ordinance.

 

The foregoing Ordinance was passed, adopted, and approved on the 18th day of May , 1999.