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Sec. 5.12.145. Exceptions and Defenses.A)Religious, spiritual, or cultural ceremonies or practices. Nothing in thisordinancepreventstheprovisionoftobaccoortobacco-related devices to any person aspartofanindigenouspracticeoralawfullyrecognizedreligious, spiritual, or culturalceremonyorpractice.B) Reasonable reliance. It is an affirmative defense to a violation of this ordinance.For a person to have reasonably relied on proof of age as described by state law.Sec. 5.12.150. Violations and Penalties.a)Notice. Upon discovery of a suspected violation of this article, the allegedviolatorshallbeissued, either personally or by mail, a citation that sets forth the allegedviolationandwhichshallinformtheallegedviolatorofhisrighttobeheardontheaccusation.b)Hearings. If a person accused of violating this article so requests within thirtydaysofreceiptofacitation, a hearing shall be scheduled, the time and place of which shallbepublishedandprovidedtotheaccusedviolator. Failure to file an appeal within thirtydaysofthecitationshallconstituteawaiveroftheperson's right to a hearing.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 Page 8 of 10 <br />98