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HomeMy Public PortalAboutOrd. 485 - General Offensesti A ORDINANCE NO. 14JV AN ORDINANCE RELATING ,TO GENERAL OFFENSES, AMENDING CHAPTER 1 OF TITLE V OF, THE VILLAGE CODE OF MCCALL, IDAHO, BY THE ADDITION OF A NEW SECTION 5-1-57 OF THE VILLAGE CODE•OF MCCALL, IDAHO, MAKING IT UNLAWFUL FOR A MINOR TO POSSESS TOBACCO OR TOBACCO PRODUCTS, MAKING IT UNLAWFUL TO SUPPLY, SELL:OR FURNISH.TOBACCO IN ANY FORM OR CIGARETTE WRAPPING PAPER OR'OTHER PAPER USED IN MAKING CIGARETTES TO MINORS, PROHIBITING MINORS FROM FREQUENTING CERTAIN PREMISES FOR THE USE OF CIGARETTES, CIGARS OR TOBACCO IN ANY FORA'!, MAKING IT UNLAWFUL TO MAINTAIN TOBACCO VENDING MACHINES AVAILABLE TO MINORS, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO, AS FOLLOWS:, Section 1. That Chanter 1 of Title V of the Village Code of McCall, Idaho, be, and the same is- hereby amended by the addition thereof to a new Section; to be known and, designated as Section 5-1-57 of the Village Code of McCall, Idaho, and to read as follows: 5-1757:(a) Minor having possession of tobacco - penalties. Every minor person under eighteen (18) years of age who shall, buy, accept or have in his possession any cigarette, cigar or tobacco in any form, or who shall buy, accept or have in his possession any cigarette paper or other paper or wrapper intenaed for. the of tobacco in the form of a cigarette; or compounds of tobacco used in the filling or makeup of cigarettes, shall be guilty of a misdemeanor .and shall be subject to .punishment as prescribed by subsection (b) hereof. (b) Every person convicted of a misdemeanor under sub- section (a) above shall be punished by a fine of not more than one hundred dollars ($100.00).. The second conviction under such section shall be punished by a fine of not more than two -hundred dollars ($200.00). The third and subsequent convictions' under Such section shall be punished by a fine of not more than three hundred dollars ($300.00),.or up to thirty (30) days in jail or both.. (c) Sale of tobacco to a minor - penalties. 'Every person who shall give, sell or furnish, directly or indirectly, any cigarettes, cigars or tobacco in any form, or any cigarette paper or other paper or wrapper intended for the wraping of tobacco in the form of a cigarette, or any compound of tobacco used in the filling'or makeup of cigarettes, to such minor persons,. or shall permit such minor persons to frequent any premises owned, held 'or managed by him for the purpose of indulging in the use of cigarettes, cigars or tobacco in any form, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished for the first offense by a .fine of not more than one hundred dollars, ($100.00) and for the second offense by a fine of not more than three hunded dollars-($300:00), or by imprisonment in the county .jail for a period not to'exceed six ( 6 ) months. (d) Tobacco vending' nachine accessible to minors - a misdemeanor. Any person who maintains in his place of business a tobacco vending machine accessible to minors under eighteen (18) years,of'age or ,provides any method of self-help for the disposition to such minor persons by gift, sale, or otherwise of any cigarette or cigarette paper or wrapper, or any paper, made or prepared for the purpose of making cigarettes, or tobacco in any form whatsoever, is guilty of a misdemeanor, and punishable as provided above in subsection (c) hereof. Passed and approved this 15th day of October, 1984. ATTEST: City Clerk STATE OF IDAHO County of Valley SS. PUBLISHER'S AFFIDAVIT OF PUBLIC Judy Brooks being duly sworn deposes and says, I am the bookkeeper of the Star -News, a weekly newspaper published at McCall, in the County of Valley, State of Idaho; that said newspaper is in general circulation in the county of aforesaid and is a legal newspaper; that the Ordinance 485 a copy of which is attached hereto and made a part hereof, was published in said newspaper once a week for one consecutive weeks in the regular and entire issue of every number thereof during the period and time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began October 24 19 84and ended October 24 19 84 n to :jr2e6-7 re me this th Subscribed ands s e 24th day of October ,19 84 Notary Public in and for the State of Idaho, residing at McCall therein. ORDINANCE NO.485 AN ORDINANCE RELATING TO GENERAL OFFENSES, AMENDING CHAPTER 1 OF TITLE V OF THE VILLAGE CODE OF McCALL, IDAHO, BY THE ADDITION OF A NEW SEC- TION 5-1-57 OF THE VILLAGE CODE OF Mc- CAI.L, IDAHO, MAKING IT UNLAWFUL FOR A MINOR TO POSSESS TOBACCO OR TOBACCO PRODUCTS, MAKING IT UNLAWFUL TO SUPPLY SELL OR FUR- NISH TOBACCO IN ANY FORM OR CIGARETTE WRAPPING PAPER OR 071417.12 PAPFR USED IN MAKING CIGARETTES TO MINORS, PROHIBITING MINORS FROM FREQUEN- TING CERTAIN PREMISES FOR THE USE OF CIGARETTES, CIGARS OR TOBACCO IN ANY FORM, MAKING IT UNLAWFUL TO MAINTAIN TOBACCO VENDING MACHINES AVAILABLE TO MINORS, AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. That Chapter 1 of Title V of the Village Code of McCall, Idaho, be, and the same is hereby amended by the addition thereof to a new Sec- tion, to be known and designated as Section 5-1-57 of the Village Code of McCall, Idaho, and to read as follows: 5-1-57: (a) Minor having possession of tobacco -- penalties. Every minor person under eighteen (18) years of age who shall buy, accept or have in his possession any cigarette, cigar or tobacco in any form, or who shall buy, accept or have in his possession any cigarette paper or other paper or wrapper intended for the wrapping of tobacco in the form of a cigarette, or com- pounds of tobacco used in the filling or makeup of cigarettes, shall be guilty of a misde- meanor and shall be subject to punishment as prescribed by subsection (b) hereof. (b) Every person convicted of a misdemeanor under subsection (a) above shall be punished by a fine of not more than one hundred dollars ($100.00). The second convic- tion under such section shall be punished by a fine of not more than two hundred dollars ($200.00). The third and subse- quent convictions under such section shall be punished by a fine of not more than three hundred dollars ($300.00), or up to thirty (30) days in jail or both. (c) Sale of tobacco to a minor - penalties. Every person who shall give, sell or furnish, directly or indirectly, any cigarettes, cigars or tobacco in any form, or any cigarette paper or other paper or wrap- per intended for the wraping of tobacco in the form of a cigarette, or any compound of tobacco used in the filling or makeup of cigarettes, to such minor persons, or shall permit such minor persons to frequent any premises owned, held or managed by him for the pur- pose of indulging in the use of cigarettes, cigars or tobacco in any form, shall be guilty of a misdemeanor, and upon con- viction thereof shall be punish- ed for the first offense by a fine of not more than one hundred dollars, ($100.00) and for the second offense by a fine of not more than three hundred dollars ($300.00), or by im- prisonment in the county jail for a period not to exceed six (6) months. (d) Tobacco vending machine accessible to minors - a misdemeanor. Any person who maintains in his place of business a tobacco vending machine accessible to minors under eighteen (18) years of age or provides any method of self- help for the disposition to such minor persons by gift, sale, or otherwise of any cigarette or cigarette paper or wrapper, or any paper made or prepared for the purpose of making cigarettes, or tobacco in any form whatsoever, is guilty of a misdemeanor, and punishable as provided above in subsection (c) hereof. Passed and approved this 15th day of October, 1984, s/Clyde L. Archer, Jr. Mayor ATTEST: s/Caren Heckler City Clerk ]0-24-1t