Sec. 94-349. Smoking in cars with juveniles present.
(a) It shall be unlawful for any person to smoke in a motor vehicle, whether the motor vehicle is in motion or at rest, when a juvenile is present in the motor vehicle.
(b) For the purpose of this section:
(1) Smoke or smoking means to inhale or exhale tobacco, nicotine, or marijuana; or to burn or possess a lighted cigarette, cigar, pipe or operating smoking equipment, including an electronic smoking device, that contains tobacco, nicotine, or marijuana.
(2) Juvenile means any such individual who is under 18 years of age.
(c) No person shall be issued a summons for a violation of this section unless such person was stopped and detained by a law enforcement officer for a separate alleged traffic violation or other offense.
(d) A violation of this section may be subject to the penalties as provided in section 1-13 of the City Code. The municipal court shall offer the opportunity to perform community service in lieu of any other penalty that may be imposed for a violation of this section. A violation of this section is not a moving violation as defined in article 1 of chapter 134 of the City Code.
(e) The city council will evaluate the effectiveness of this division and formally act to extend it or, on February 28, 2020, the provisions of this section shall expire. (Ord. No. 2018-02, § 1, 2-5-2018)