(a) For the purposes of this section, the following terms have the following meanings:
(1) SMOKE. The same meaning as smoking in Section 22-15A-3.
(2) TOBACCO PRODUCT. The same meaning as in Section 28-11-2.
(3) VAPE. To use an electronic nicotine delivery system as defined in Section 28-11-2.
(b)(1) It is unlawful for a person to smoke a tobacco product or vape in an enclosed motor vehicle when a child 14 years of age or younger is present in the enclosed motor vehicle.
(2) This section applies to all motor vehicles and whether the motor vehicle is in motion or at rest, or whether the windows of the motor vehicle are open or closed.
(c) A violation of this section is punishable by a fine not exceeding one hundred dollars ($100) for each violation.
(d) A violation of this section may be investigated and charged only as a secondary violation following the lawful stop of a motor vehicle based on probable cause of a separate violation of law, and the issuance of a citation or warrant of arrest for that violation.