Williamsville considers fining minors for possessing tobacco

Youths who smoke could face fines or community service under a proposal in Williamsville to ban the possession of tobacco products by minors.

Village trustees are scheduled to vote on the proposal Monday night. If approved, Williamsville would join communities including Springfield, Rochester and Pleasant Plains that have similar restrictions on the books.

The board’s public safety committee recommended the ordinance, which prohibits anyone under 18 years old from possessing tobacco products, including cigarettes, cigars, smokeless tobacco and electronic cigarettes.

Violators could be fined up to $100 the first time and up to $750 for subsequent offenses. In addition, minors may be asked to perform community service or complete a tobacco education program.

The ordinance was designed to give Williamsville police recourse when they encounter someone underage with tobacco products.

State law makes it illegal to sell tobacco products to minors, but does not provide a penalty for possession.

Trustee Scott Butterfield, chair of the public safety committee, said police brought the issue to the board’s attention.

Police Chief Richard Edwards said he’s encountered minors using tobacco products since he joined the force in 1999.

“It’s definitely gotten more prevalent here lately,” he said, though the department does not keep any records of tobacco use among minors.

“Sometimes, for example, there’s three (underage) people in a car and one person has marijuana and the other two have cigarettes. This way, we can stick something on all of them.”

Edwards said officers currently call a minor’s parents if a youth is found with tobacco products.

Butterfield said the village researched how other communities handle tobacco possession for minors and decided to base Williamsville’s proposed ordinance on Rochester’s rules.

Rochester enacted its ban in 1997. That ordinance provides for a fine of up to $25 for the first offense and a fine not to exceed $50 for a second or subsequent offense. A violator could also attend a class taught by Cpl. Jon Schwartz that demonstrates tobacco’s harmful effects on the body, according to Rochester Police Chief Bill Marasss.

Pleasant Plains charges the same fine amounts as Rochester.

In Springfield, minors who are cited for possessing tobacco face a minimum fine of $300.

Both Butterfield and Edwards said police won’t seek out ordinance offenders.

“It is something to help steer the kids away from (tobacco use) and let them know the dangers of it,” Butterfield said.

Edwards said the ordinance would be another way for police to discourage youths from engaging in illegal activities. He said the ordinance would also give officers some discretion in giving penalties.

“It’s not something we’re trying to make money off of. It’s just something to help track the tobacco program and let parents know this is what your kids are doing,” Edwards said.