This chapter shall be known as the ordinance to prohibit tobacco product giveaways. (Prior code § 4-11.01)

The City Council of the city finds that:
A. Scientific evidence indicates a causal relationship between tobacco smoking and diseases such as cancer, chronic bronchitis, heart disease and emphysema; and
B. The Surgeon General of the United States has determined that smoking is the leading preventable cause of death in this country; and
C. Smoking is responsible for one-quarter of all deaths caused by fire; and
D. The use of smokeless or chewing tobacco is a hazard to the health of the user and may cause gum disease, mouth or oral cancers, and leukoplakia; and
E. There is medical evidence that addiction to nicotine, a component of tobacco products, can result from smoking a single pack of cigarettes; and
F. The free distribution of tobacco products and accessories is intended to encourage people to consume tobacco products which leads to a form of addiction, discourages those who already smoke or chew tobacco from quitting, and tempts those who have quit using tobacco to resume consumption; and
G. The marketing practice of tobacco product giveaways is commonly pursued through the use of multimedia equipped vans and promotion teams which distribute tobacco product samples at shopping areas, public parks and other areas where contact with the general public is frequent; and
H. Encouraging smoking and discouraging smokers from quitting smoking endangers the public health by leading more people to form or renew habits that cause illness and death; and
I. Tobacco product giveaways promote unsightly litter, thereby increasing the costs to the public in cleaning the streets, and also causes pedestrian and vehicular traffic congestion; and
J. Educators, health workers, parents, church leaders and business owners have complained about this marketing practice which targets low income urban neighborhoods. (Prior code § 4-11.02)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Dispensing” or “distribution” means to give, sell, deliver, issue, offer or cause or hire any person to give, sell, deliver, issue or offer tobacco products, tobacco accessories and/or coupons or rebate offers for such products or accessories.
“Nonsale distribution” means the dispensing to the general public at no cost or at nominal cost of tobacco products or tobacco accessories, or distribution of coupons or rebate offers for tobacco products and tobacco accessories to the general public. Distribution of tobacco products or tobacco accessories, coupons and rebate offers in connection with the sale of another item, including tobacco products, magazines, newspapers or other items shall not constitute a nonsale distribution.
“Person” means an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit.
“Tobacco accessories” means cigarette papers or wrappers, pipes, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.
“Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco. (Prior code § 4-11.03)

It is unlawful for any person to engage in the nonsale distribution of any tobacco product or tobacco accessory within the city for any purpose, including but not limited to promotional, marketing, advertising, testing, and consumer research purposes. (Prior code § 4-11.04)

A. Any person who violates or refuses to comply with the provisions of this chapter shall be guilty of an infraction.
B. Each day such violation is committed or permitted to continue shall constitute a separate offense.
C. Any person convicted of an infraction under the provision of this chapter shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100.00) and, for a second conviction within a period of one year, by a fine of not more than two hundred dollars ($200.00) and, for a third or any subsequent conviction within a one- year period, by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months or by both.
D. The City Manager or his or her designee shall enforce this chapter against violations by any of the following actions:
1. Receiving and investigating complaints related to the violation of this chapter;
2. Serving notice requiring the correction of any violation of this chapter;
3. Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of this chapter and to cause the correction of any such violation through all appropriate equitable and legal means. (Prior code § 4-11.05)

This chapter shall be enforced to the full extent of the authority of the city. If any section, subsection, paragraph, sentence or word of this chapter is deemed to be invalid or beyond the authority of the city, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences or words of this chapter, and the applications thereof; and to that end the section, subsections, paragraphs, sentences and words of this chapter shall be deemed severable. (Prior code § 4-11.06)