A. A violation of Chapter 9.28 is a petty offense, punishable as follows:
First Offense
$150 fine
Second Offense
$300 fine
Third Offense
$300 fine and mandatory attendance of a smoking cessation class
B. Any person under the age of 18 who violates § 9.28.020 may be sentenced to community service in lieu of a fine, at the court’s discretion. The community service shall be credited at the dollar rate regularly allowed by the court for community service and shall include a sufficient number of hours to equal a fine of $150 for a first offense, $300 for second and subsequent offenses. A person under the age of 18 who violates § 9.28.020, with 1 of his or her parents, may be required to attend a smoking cessation program for a first or second offense and shall be required to attend a smoking cessation class, with his or her parent, for a third or higher offense within a 24-month period. Failure to fulfill the terms of the sentence shall result in a mandatory fine of $250.
C. Violations of § 9.28.030 are punishable as follows:
1. Any person, firm, corporation, agent, employer, or employee found guilty of selling or furnishing cigars, cigarettes or cigarette papers, smoking or chewing tobacco to a person under the age of 18 years of age is guilty of a petty offense for the first 2 offenses and shall be sentenced as set forth in subsection A of § 9.28.040.
2. Third and subsequent offenses shall be charged as class 3 misdemeanors, punishable with a fine of not more than $500 and incarceration for not more than 30 days.
(Ord. 97-528, passed - -1997)
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