Penalties clarified for student vaping

Initial mention of $170 figure didn’t explain the fine and court costs involved

Perry Village Police Chief Troy Hager has set the record straight for anyone who is confused .

Perry Village Police Chief Troy Hager has set the record straight for anyone who is confused about the court penalties that juveniles face if caught vaping on the Perry Schools campus.

Hager, at the Feb. 14 Village Council meeting, said the Police Department recently received an anonymous letter from a person who said Ohio law prevents children from being fined $170 if they’re cited into juvenile court for vaping.

The letter arrived after Perry Schools posted information on its website and social media stating that students could be cited by police if caught vaping or possessing an e-cigarette on school district property.

The letter writer’s attempt to admonish the Police Department stems from misinterpreting information on the vaping penalties that initially was released by Perry Schools, Hager said.

“If you get any questions, there is no $170 fine on a law that could only provide for a $100 fine,” Hager told village government leaders at the meeting.

Instead, he said the $170 mentioned by Perry Schools in a Jan. 24 announcement didn’t explain that the figure included a $100 fine and about $70 in court costs.

Hager also discussed the events that led to Perry Schools issuing that proclamation, which quickly became a popular topic on Facebook and other social media channels.

“The schools approached (Perry Village police) and said, ‘Hey listen, we’re having more kids vaping in the schools … If we catch these kids, is there any way the Police Department can help us?’ “

Vaping involves inhaling and exhaling vapor produced by an electronic cigarette. The practice has been growing in popularity among teenagers throughout the United States.

Although there are no Perry Village ordinances to address vaping, Hager said police can cite juveniles under Section 2151.87 of the Ohio Revised Code, which prohibits children “from possessing, using, purchasing or receiving cigarettes or other tobacco or alternative nicotine products.”

The law states that the court can “impose a fine of not more than $100” to violators.

When Perry Schools administrators asked Hager how much it would cost a student who goes to court and is convicted under Ohio Revised Code Section 2151.87, the chief said it would be “about $168 — that’s fine and (court) costs included.”

Perry Schools then put together a flier warning students that if they were caught vaping, it could cost them up to $170, Hager said.

“They didn’t break it down, fine and costs,” he added.

In addition, Facebook and district website announcements posted by Perry Schools said, “Any student found possessing, using, purchasing or receiving an e-cigarette/vape/or like product will receive a citation from the Perry Village Police Department that carries an approximate fine of $170.”

The misunderstanding was compounded when several Cleveland TV news outlets did stories on the warning, which referred to “$170 citations” and “$170 fines.”

“That’s how it happened,” Hager said. “(Perry Village police) never said it was a $168 or $170 fine.”

The “no vaping/no e-cigarettes” announcement on Perry Schools’ website has since been revised to say that a citation from police could carry “approximate fines/fees up to $170.”

Hager said it’s important for children to know that fines and fees await them if they head to juvenile court.

“If you tell a kid it’s a $100 fine and they go to the court and find there’s a $68 cost as well, that’s a big difference in somebody’s mind compared to saying it’s a $100 fine,” he said. “Many kids don’t know when you go there, there’s court costs also.”

Any Perry Schools student who is caught vaping or possessing an e-cigarette on campus initially will be sent the assistant principal in their building. The student could face school punishment such as detention, Saturday school or out-of-school suspension.

Then the student would meet with a school resource officer, who would have authority to issue a citation. If that student is observed “acting suspicious, acting different or whatever,” their vaping device also can be sent to a laboratory to be tested for drugs, the chief noted.

“So we would look at those situations case by case, if there’s any reasonable suspicion,” Hager said.