HomeMy WebLinkAbout06268ORDINANCE NO. 6268
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE XI OF
THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO
CONCERNING AND PROHIBITING THE PURCHASE, SALE,
POSSESSION AND USE OF TOBACCO PRODUCTS BY
MINORS AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
WHEREAS, the City Council finds that, despite the existence of both state laws and federal
food and drug regulations prohibiting the sale of tobacco products to minors, minors are still
obtaining and using tobacco products; and
WHEREAS, there exists substantial scientific evidence that use of tobacco products causes
or contributes to disease; and
WHEREAS, the City Council finds that a law prohibiting minors from possessing or using
products harmful to their health may be effective where the aforesaid state laws and federal
regulations have failed; and
WHEREAS, limitations on the use and possession of tobacco products by minors will
promote the health, safety and welfare of the people of the City of Pueblo, particularly those who
are minors;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(Brackets indicate matter being deleted; underscoring indicates new matter being added)
SECTION 1
Chapter 1 of Title XI of the 1971 Code of Ordinances of the City of Pueblo is hereby
amended by the addition of a new section 11 -1 -209 thereto, to read as follows:
11 -1 -209: SALE POSSESSION AND USE OF TOBACCO PRODUCTS
W Definitions. As used in this section:
"Minor" shall mean any natural person who is under eighteen (18)
years of age.
"Tobacco Product" shall mean any substance containing tobacco leaf,
including, but not limited to cigarettes cigars pipe tobacco snuff,
chewing tobacco_ smokeless tobacco and dipping tobacco
(4 It shall be unlawful and a Class 2 Municipal Offense for any minor to
possess, consume or use any tobacco product.
W It shall be unlawful and a Class 2 Municipal Offense for any minor to
purchase, obtain, or attempt to purchase or obtain any tobacco product by misrepresentation
of age or by any other method.
W It shall be rebuttably presumed that the substance within a package or
container is a tobacco product if the package or container has affixed to it a label which
identifies the package or container as containing a tobacco product
(5� It shall be unlawful and a Class 2 Municipal Offense for any person to
knowingly furnish to any minor, by gift, sale, or any other means, any tobacco product It
shall be an affirmative defense to a prosecution under this subsection that the person
furnishing the tobacco product was presented with and reasonably relied upon a document
which identified the minor receiving the tobacco product as being eighteen years of age or
older.
Notwithstanding any provision of this section, it shall not be unlawful for any
minor employed by any retail or wholesale commercial enterprise to handle tobacco
products in connection with such minor's assigned job duties for such enterprise
SECTION 2
Any person convicted of a violation of this Ordinance shall be punished as provided in
Section 11 -1 -103 of the 1971 Code of Ordinances, as amended.
SECTION 3
If any section, clause or provision of this Ordinance shall be determined to be invalid or
unenforceable, such determination shall not affect any other section, clause or provision of this
Ordinance. All other ordinances or provisions thereof in conflict with this Ordinance or provision
hereof are hereby repealed to the extent of such conflict.
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SECTION 4
This Ordinance shall become effective on January 1, 1998.
ATTEST:
City Cler
INTRODUCED: October 27, 1997
By Samuel Corsentino
Councilperson
:'' 9103
President o he City Council
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