ORD NO 09-2019 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO.d/ -2019
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,AN
ORDINANCE TO BE ENTITLED:
AN ORDINANCE PROHIBITING THE POSSESSION OF
TOBACCO,VAPOR,ALTERNATIVE NICOTINE AND E-LIQUID
PRODUCTS OR IMPLEMENTS BY MINORS; DEFINING
MINOR; FINDING AN EMERGENCY AND PRESCRIBING
OTHER MATTERS RELATED THERETO.
WHEREAS, the possession and use of tobacco, vapor products, alternative nicotine products, e-liquid
products and components and implements thereof by minors in the City of Van Buren has
become widespread and rampant; and
WHEREAS, the City Council for the City of Van Buren is concerned about the health effects of the
prevalence of usage of such products by minors in the City of Van Buren; and
WHEREAS, the City Council of the City Van Buren finds that the increased use of these products by
minors in the City has created a health hazard and as such it is necessary for this Ordinance
to take effect immediately.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF
THE CITY OF VAN BUREN,ARKANSAS,THAT:
SECTION 1: It shall be unlawful for any minor to use or possess or to purchase, or attempt to purchase
tobacco in any form,cigarette papers,a vapor product,alternative nicotine product,e-liquid
product,or any component of a vapor product, or e-liquid product within the city limits of
the City of Van Buren.
SECTION 2: Any minor found to be using,possessing,purchasing or attempting to purchase tobacco in
any form, cigarette papers, a vapor product, alternative nicotine product, e-liquid product,
or any component of a vapor product, or e-liquid product shall be subject to a fine of not
less than$100.00 and not more than$1,000.00.
SECTION 3: That upon conviction, the District Court Judge may order the product or implement
destroyed.
SECTION 4: "Minor" includes any person who is under the age of twenty-one(21)years of age except
that "minor" does not include a person who is under twenty-one (21) years of age if the
person presents a military identification card establishing that he or she is a member of the
United States Armed Forces or has attained nineteen(19)years of age as of December 31,
2019.
SECTION 5: That this Ordinance is intended to supplement, and not conflict with, Arkansas Code
Annotated Section 5-27-227.
SECTION 6: The various provisions and parts of this Ordinance are hereby declared to be severable,and
if any section or part of a section,or any provision or part of a provision herein,is declared
to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction,
such holding shall not invalidate or affect the remainder of this Ordinance and to that extent
the provisions hereto are declared to be severable.
SECTION 7: In order to protect the health, safety, and welfare of the minor citizens of Van Buren,
Arkansas from the rampant use of cigarette products and the effect on its minor citizen's
health, an emergency is hereby declared to exist and this Ordinance shall take full force
and effect upon its passage.
SECTION 8: All ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of for and O against, the foregoing Ordinance at its regular meeting
held on the 26th day of August 2019.
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ATTESTED: • PPRO I • S T% FORM:
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Phy is omas Candice • . Settle
City Clerk/Treasurer ttorney