§ 66-65. Sale or provision of paraphernalia to minors prohibited; possession by minors prohibited.

No person shall sell or provide drug paraphernalia to any person under the age of 18. No person under the age of 18 shall possess drug paraphernalia.

(a)

Defenses. A person who violates the provisions of this section shall have a defense to any civil action for violation of these provisions if, at the time of the violation:

(1)

The person under 18 falsely evidenced that he or she was at least 18 years of age;

(2)

The appearance of the person was such that an ordinarily prudent person would believe him or her to be at least 18 years of age;

(3)

The violator carefully checked one of the following forms of identification with respect to the minor: a driver's license or an identification card issued by this state or another state of the United States, a passport, or a United States Uniformed Services identification card; and

(4)

The violator acted in good faith and in reliance upon the representation and the appearance of the person under 18.

(Ord. No. 12-23, § 3, 11-7-12)