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Sec. 5.12.445. Exceptions and Defenses. <br />(A) Religious, spiritual, or cultural ceremonies or practices. Nothing in this <br />ordinance prevents the provision of tobacco or tobacco -related devices to any person as <br />part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural <br />ceremony or practice. <br />(B) Reasonable reliance. It is an affirmative defense to a violation of this ordinance. <br />For a person to have reasonably relied on proof of age as described by state law. <br />Sec. 5.12.150. Violations and Penalties. <br />(a) Notice. Upon discovery of a suspected violation of this article, the alleged <br />violator shall be issued, either personally or by mail, a citation that sets forth the alleged <br />violation and which shall inform the alleged violator of his right to be heard on the <br />accusation. <br />(b) Hearings. If a person accused of violating this article so requests within thirty <br />days of receipt of a citation, a hearing shall be scheduled, the time and place of which shall <br />be published and provided to the accused violator. Failure to file an appeal within thirty <br />days of the citation shall constitute a waiver of the person's right to a hearing. <br />(c) Hearing officer. The city council shall serve as the hearing officer. <br />(d) Decision. If the hearing officer determines that a violation of this article did <br />occur, that decision, along with the hearing officer's reasons for finding a violation and the <br />penalty to be imposed under section 5.12.130, shall be recorded in writing, a copy of which <br />shall be provided to the accused violator. Likewise, if the hearing officer finds that no <br />violation occurred or finds grounds for not imposing any penalty, such findings shall be <br />recorded and a copy provided to the acquitted accused violator. <br />(e) Appeals. Appeals of any decision made by the hearing officer shall be filed in <br />the district court for the city in which the alleged violation occurred. <br />(g) Continued violation. Each violation of this article, and every day in which a <br />violation occurs or continues, shall constitute a separate offense. <br />(Ord. No. 164 2nd series, § 1300, 12-8-1997; Ord. No. 178 3rd series, § 4, 10-10- <br />2016) <br />236900v1 <br />P1.1 <br />