Chapter 12-11. Possession of Cigarettes and Tobacco Products

 

1. "Cigarette and tobacco products" means any product that is made from or derived from tobacco, which contains nicotine or a similar substance, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, e-cigarette, electronic cigarette, or an electronic smoking device. Tobacco product also includes pipes and rolling papers, but does not include any product specifically approved by the U.S. Food and Drug Administration for legal sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose.

 

2. "Constructive possession" means the power and capability to exercise dominion and control over cigarette and tobacco products.

 

3. "Sell," includes dispensing from a vending machine under the control of the actor.

Source: Ord. 2014-19, Sec. 2 (2014)

 

12-1102. SALE OF CIGARETTES AND TOBACCO PRODUCTS TO MINORS PROHIBITED. It is a class B misdemeanor for any person to sell or furnish to a minor or procure for a minor cigarettes and tobacco products.

12-1103. POSSESSION AND USE OF CIGARETTES AND TOBACCO PRODUCTS BY MINORS PROHIBITED. It is a class B misdemeanor for a minor to smoke, use, or possess cigarette and tobacco products. Possession shall, for purposes of this section, include actual and constructive possession.

 

CHAPTER 12-12.

CAMPING ON PUBLIC PROPERTY

SECTIONS:

12-1201. Definitions.

12-1202. Prohibited Camping.

12-1203. Removal of a Campsite.

12-1204. Penalties and Enforcement.

 

__________________________________

 

12-1201. DEFINITIONS. For the purpose of this Chapter, the following definitions will apply:

 

1. "City" means the City of Harwood,North Dakota.

 

2. "Camp" means to set up or to remain in a campsite.

 

3. "Campsite" means to pitch, erect, create, use, or occupy camp facilities for the purposes of habitation or maintaining a temporary place to live, as evidenced by the use of camp paraphernalia.

 

4. "Camp facilities" include, but are not limited to, lean-to, shacks, tents, huts, temporary shelters, or vehicles.

 

5. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, pallets, mattresses, hammocks, stoves or fires, outdoor cooking devices or utensils and similar equipment.

 

6. "Enforcement officer" means a sworn law enforcement officer.

 

7. "Park areas" or "Park property" means those parks and recreation facilities identified in the city of Harwood owned and maintained by the Park District or the City.

 

8. "Public property" means vacant or occupied lands that are owned, possessed or under the control of the city of Harwood, open to the public, premises, and buildings, including butn not limited to any building used in connection with the transaction of public business and includes public right-of-way. Public property as used in this Chapter includes Park areas and Park property designated by the Park District of the city of Harwood for inclusion in this Chapter and corresponding Resolution, as the same shall be adopted from time to time.

 

9. "Public rights of way" means the area between boundary lines of a public street or other public easement that is reserved, used, or to be used for a public street, alley, or pathway.

 

10. "Store" or "storage" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

 

11. "Unsanitary" means a hazard to the health and safety of the public, to include but not limited to human waste, bodily fluids, or chemical contamination.

 

12-1202. PROHIBITED CAMPING. No person may camp or establish any campsite in or upon any public property except as expressly authorized by this Chapter or by Resolution of the City Council of the city of Harwood.

 

 

1. Any person camping unlawfully must vacate and remove all belongings from the public property within forty-eight (48) hours of receiving notice to vacate from an enforcement officer.

 

2. After notice has been given to vacate a campsite and the allotted time has expired, the City or its contractor will remove the campsite, all camp facilities and camp paraphernalia as the same has been deemed a public nuisance.

 

a. All unclaimed personal property with apprarent value or utility will be stored for 60 days as required by law.

 

b. All unclaimed items that have no apparent utility or value, are in an unsanitary condition, or present an immediate hazard or danger, may be immediately discarded upon removal of individuals from the campsite.

 

c. Any personal propery that remains unclaimed for 60 days after the campsite cleanup may be disposed of in accordance with law.

 

d. Weapons, drug paraphernalia, and items which reasonably appear to be evidence of a crime may be retained and/or disposed of by an law enforcement agency in accordance with the department's written policies and procedures.

 

 

1. Violations of any provision of this Chapter is an infraction and may result in additional violations of Harwood City Ordinances or North Dakota Century Code.

 

2. In addition to any other penalties that may be imposed, any campsite used in a manner not authorized by this Chapter, or other provisions of this code constitute a public nuisance and may be abated as such. 

 

3. The remedies described in this Chapter will not be the exclusive remedies of the City for violations of the Chapter.