2020 004 ORDINANCE - Laserfiche WebLink

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521.14 PROHIBITING CHILD FROM POSSESSING, USING, PURCHASING OR RECEIVING AN ELECTRONIC SMOKING DEVICE (a) As used in this section: (1) "Child" means a person who is under eighteen (18) years of age; (2) "Electronic Smoking Device" means any electronic delivery device and product containing or delivering nicotine, lobelia or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic Smoking Device shall include any component, part, or accessory of such device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic Smoking Device shall not include any product that has been approved or otherwise certified by the U.S. Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose; and (3) "Detained" means the temporary care of a child pending Juvenile Court adjudication or disposition, or execution of a Juvenile Court order, in a public or private facility designed to physically restrict the movement and activities of a child. (4) "Youth Smoking Education Program" means a private or public agency that is related to tobacco use, prevention, and cessation, that is carried out or funded by the Ohio Department of Health pursuant to Section 3701.84 of the Ohio Revised Code that utilizes educational methods focusing on the negative health effects of smoking and using tobacco products, and that is not more than twelve hours in duration. (b) No child shall do any of the following unless accompanies by a parent, spouse who is eighteen years of age or older, or legal guardian of the child: (1) Use, consume or possess an Electronic Smoking Device. (2) Purchase or attempt to purchase an Electronic Smoking Device. (3) Order, pay for, or share the cost of an Electronic Smoking Device. (4) Except as provided in division (e) of this section, accept or receive an Electronic Smoking Device. (c) No Child shall knowingly furnish false information concerning that child's name, age, or other identification for the purpose of obtaining an Electronic Smoking Device. (d) A Juvenile Court shall not adjudicate a child a delinquent or unruly child for a violation of division (b)(1), (2), (3), or (4) or (c) of this section.